Jones Lumber & Mercantile Co. v. Faris
South Dakota Supreme Court
Appeal from circuit court, Edmunds county. Hon H. G. Fuller, Judge. Action to recover damages for the conversion of a safe. From a judgment for plaintiff, defendant appeals. The facts are stated in the opinion. The limits of a strict cross-examination include whatever tends to qualify or explain the witness’ testimony or modify any inference resulting from it. Baird v. Daily, 68 N. Y. 547; 1 Rice Ev. 586; Wait Fraud.
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Appeal from circuit court, Edmunds county. Hon H. G. Fuller, Judge. Action to recover damages for the conversion of a safe. From a judgment for plaintiff, defendant appeals. The facts are stated in the opinion. The limits of a strict cross-examination include whatever tends to qualify or explain the witness’ testimony or modify any inference resulting from it. Baird v. Daily, 68 N. Y. 547; 1 Rice Ev. 586; Wait Fraud. Con. § 281; Jackson v. Metzger, 35 Mich. 103. In order to constitute a valid levy on personal property it is necessary for the officer to so assume control of the goods as to…
1Opinion of the CourtKellam, J.
Respondent, as plaintiff, brought this action to recover the value of a safe alleged to be the property of, and to have been taken from the possession of, plaintiff by defendant. Defendant justified as sheriff, on the ground that the taking was by virtue of an attachment against one Hopkins, who was the owner of the safe; that plaintiff bought and got possession of the safe while it was so under attachment, and that it had notice of the attachment before and at the time it so purchased. The regularity of the attachment proceedings was not questioned, and it is evident that the case hinged…
2Cases cited5 opinions
- Pierce v. ManningSouth Dakota Supreme Court · 1892
- Flanagan v. WoodSupreme Court of Vermont · 1860
- Jones Lumber & Mercantile Co. v. FarisSouth Dakota Supreme Court · 1894
- Baldwin v. JacksonMassachusetts Supreme Judicial Court · 1815
- Cravens v. DeweyCalifornia Supreme Court · 1859
3Cited by7 opinions
- MacGregor v. PierceSouth Dakota Supreme Court · 1903
- Peart v. Chicago, M. & St. P. Ry. Co.South Dakota Supreme Court · 1896
- McCormick Harvesting Machine Co. v. WoulphSouth Dakota Supreme Court · 1898
- Westphal v. NelsonSouth Dakota Supreme Court · 1910
- Sioux Banking Co. v. KendallSouth Dakota Supreme Court · 1895
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