National Bank of Commerce v. Feeney
South Dakota Supreme Court
Appeal from circuit court, Hughes county. Hon. Coring E. Gaffy, Judge. Action in claim and delivery. From a judgment in favor of plaintiff, defendant appealed. This case was first decided by this court in an opinion reported in 9 S. D. 550, 70 N. W. 874, in which opinion the judgment of the trial court was modified and affirmed. Subsequently a rehearing was granted and in an opinion upon the rehearing, reported in 11 S. D. 109, 75 N. W. 896, the former opinion was affirmed.
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Appeal from circuit court, Hughes county. Hon. Coring E. Gaffy, Judge. Action in claim and delivery. From a judgment in favor of plaintiff, defendant appealed. This case was first decided by this court in an opinion reported in 9 S. D. 550, 70 N. W. 874, in which opinion the judgment of the trial court was modified and affirmed. Subsequently a rehearing was granted and in an opinion upon the rehearing, reported in 11 S. D. 109, 75 N. W. 896, the former opinion was affirmed. Thereafter a second rehearing was granted. This opinion is upon the second rehearing.
1Opinion of the CourtHaney, J.
This is an action to recover possession of personal property for the purpose of foreclosing a mortgage thereon. A verdict was directed for plaintiff, and defendant appealed. When the appeal was first considered, the judgment of the court below was modified and affirmed. 9 S. D. 550, 70 N. W. 874. Upon rehearing, a majority of the court adhered to the former decision. 11 S. D. 109, 75 N. W. 896. A second rehearing was granted, and the issues involved have been again carefully considered.
The conclusions previously announced relative to the authority of the sheriff to make a second seizure under…
2Cases cited3 opinions
- Merrill v. HurleySouth Dakota Supreme Court · 1895
- National Bank of Commerce v. FeeneySouth Dakota Supreme Court · 1897
- Hegeler v. ComstockSouth Dakota Supreme Court · 1890
3Cited by12 opinions
- Citizens' Savings Bank of Columbus v. LandisSupreme Court of Oklahoma · 1913
- Farmers' Loan & Trust Co. v. McCoy & Spivey Bros.Supreme Court of Oklahoma · 1912
- Commercial Credit Co. v. NissenSouth Dakota Supreme Court · 1926
- Northwestern Mortgage Trust Co. v. LevtzowSouth Dakota Supreme Court · 1909
- Bracken v. Fidelity Trust Co.Supreme Court of Oklahoma · 1914
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