Johnson v. Bruflat
South Dakota Supreme Court
'Appeal from Circuit Court, Hamlin County. Hon. Joseph H. Bottum. Judge. Action by Odin Johnson, against Ben Bruflat, Sheriff of Hamlin County, South Dakota, for damages for conversion of property under attachment and execution. From a judgment for defendant, and from an order denying a new trial, plaintiff appeals.
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'Appeal from Circuit Court, Hamlin County. Hon. Joseph H. Bottum. Judge. Action by Odin Johnson, against Ben Bruflat, Sheriff of Hamlin County, South Dakota, for damages for conversion of property under attachment and execution. From a judgment for defendant, and from an order denying a new trial, plaintiff appeals. (x) To point one of the opinion, Respondent cited, re collateral attack: 23 Cyc. p. 1068, 1237; 15 R. C. D. 841; Morse v. Pickier (S. D.) 134 N. W. 809. (4) To point four, Appellant cited: Abbott’s Tr. Ev. (3rd Ed.) 324; Tipton v. Tipton, 87 Ky. 245, 8 S. W. 440; Farrow v. Farrow,…
1Opinion of the CourtWH'ITINiG, J.
Plaintiff, having procured a default judgment against one Peterson, sought to enforce same out of certain personal property that had been levied' upon under attachment *203issued in said action. 'Ain execution was issued to the sheriff, who held the property under the writ of attachment. The sheriff thereafter released the property to Peterson’s wife; and plaintiff ■brought this action seeking damages because of such release. Verdict and judgment were for defendant, and plaintiff has appealed. There are numerous assignments of error. One of respondent’s defenses was that the judgment was void. We…
2Cases cited6 opinions
- Sturgis v. FayIndiana Supreme Court · 1861
- Schlawig v. De PeysterSupreme Court of Iowa · 1891
- Amsbaugh v. Exchange Bank of Maquoketa, IowaSupreme Court of Kansas · 1885
- Phelps v. McCollamNorth Dakota Supreme Court · 1901
- Marin v. TitusSouth Dakota Supreme Court · 1909
1 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Kromer v. SullivanSouth Dakota Supreme Court · 1975
- Matter of Guardianship of SasseSouth Dakota Supreme Court · 1985
- Ryken v. StateSouth Dakota Supreme Court · 1981
- Hoverstad v. First National Bank and Trust Co.South Dakota Supreme Court · 1955
- Moore v. Connecticut General Life InsuranceSouth Dakota Supreme Court · 1947
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