Legal Opinion

McFarland v. Schuler

South Dakota Supreme Court

Decided September 2, 1899PublishedCited by 2 opinions

Appeal from circuit court, Sanborn county. Hon. Frank B. Smith, Judge. Action by William McFarland against William Schuler to recover the value of certain personal property on which an attachment was levied, and which defendant, as sheriff, refused to sell under an execution. From a judgment in favor of defendant, and an order denying a new trial, plaintiff appeals.

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Appeal from circuit court, Sanborn county. Hon. Frank B. Smith, Judge. Action by William McFarland against William Schuler to recover the value of certain personal property on which an attachment was levied, and which defendant, as sheriff, refused to sell under an execution. From a judgment in favor of defendant, and an order denying a new trial, plaintiff appeals. That the property is owned by another person than the judgment debtor,.is a complete defense to the sheriff in an action for not levying an attachment. Swenson v. Christoferson, 10 S. D., 188, 72 N. W. 459; Crooker v. Melick…

1Opinion of the CourtFuller, J.

This action, to recover the value of certain personal property upon which an attachment was levied, and which the defendant sheriff failed and refused to sell under an execution, was tried to a jury; and plaintiff appeals from a judgment in favor of defendant, and from an order overruling a motion for a new trial.

Though controverted in every material particular, the evidence submitted to the jury under proper instructions sufficiently establishes the following state of facts: At the suit of appellant against John L. and E. P. Thornton, respondent sheriff attached certain personal property in…

2Cases cited1 opinion

  1. Swenson v. ChristofersonSouth Dakota Supreme Court · 1897

3Cited by2 opinions

  1. Lee v. DolanNorth Dakota Supreme Court · 1916
  2. Plunkett v. HanschkaSouth Dakota Supreme Court · 1901

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