Legal Opinion

Holt v. Van Eps

Supreme Court Of The Territory Of Dakota

Decided December 15, 1875PublishedCited by 12 opinions

Appeal from Minnehaha County District Court. The plaintiff brings this action for’the recovery of certain specific personal property. Jury trial. Verdict and judgment for plaintiff. Defendant appeals. The further facts necessary to an unders.tand.ing of the points decided are fully stated in the opinion. This was an action under the code for the claim and delivery of personal property.

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Appeal from Minnehaha County District Court. The plaintiff brings this action for’the recovery of certain specific personal property. Jury trial. Verdict and judgment for plaintiff. Defendant appeals. The further facts necessary to an unders.tand.ing of the points decided are fully stated in the opinion. This was an action under the code for the claim and delivery of personal property. The plaintiff in his affidavit averred that he was ” the owner ” of the property which he sought to recover, not that he had “a special property therein.” After issue was joined, the jury returned the following…

1Opinion of the CourtShannon, C. J.

— The defendant is the appellant. This is ah action to recover the'possession of personal property under chapter II, title VII, part II of the code of 'civil- procedures' commonly termed replevin. The plaintiff, at the'time'of -is-’ suing the summons, made the requisite affidavit, claiming the-immediate'delivery of the property. In it he avers that he is-now the owner and entitled to the immediate possession of o-ne noté and mortgage from William Holt to himself for $200, at ten per cent, interest, dated January 1, 1874, of the value of' $224; one note given by Pi Raymond-to him, for $255,…

2Cases cited18 opinions

  1. Norris v. JacksonSupreme Court of the United States · 1870
  2. Crane v. Lessee of MorrisSupreme Court of the United States · 1832
  3. D'Wolf v. RabaudSupreme Court of the United States · 1828
  4. Patterson v. United StatesSupreme Court of the United States · 1817
  5. Doe on the Demise of Elmore v. GrymesSupreme Court of the United States · 1828

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3Cited by12 opinions

  1. Davenport v. BuchananSouth Dakota Supreme Court · 1894
  2. Murry v. BurrisSupreme Court Of The Territory Of Dakota · 1889
  3. Nichols v. Board of CommissionersWyoming Supreme Court · 1904
  4. Anderson v. AlsethSouth Dakota Supreme Court · 1895
  5. Jandt v. SouthSupreme Court Of The Territory Of Dakota · 1878

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