Matheson v. F. W. Johnson Co.
South Dakota Supreme Court
Appeal from circuit court, Roberts county. Hon. A. W. Campbell, Judge. Action by Elizabeth Matheson against the F. W. Johnson Company and others. From a judgment for plaintiff, defendants appeal. The facts are stated in the opinion.
1Opinion of the CourtFuller, J.
To indemnify the sheriff against the claim of respondent that she owned the property attached at the suit of appellants against her husband the undertaking made the basis of this action was executed, and the validity of such instrument is the controlling point presented by this appeal. The contention is that the undertaking is absolutely void, for *348the reason that no jury was first summoned, to determine the question of ownership. The statute provides that, “if any property so seized be claimed by or on behalf of any person other than such defendant, the sheriff may summon a jury and try the…
2Cases cited8 opinions
- Barnes ex rel. Hayes v. WebsterSupreme Court of Missouri · 1852
- Sheppard & Morgan v. CollinsSupreme Court of Iowa · 1862
- Chamberlain v. . BellerNew York Court of Appeals · 1858
- Smith v. FargoCalifornia Supreme Court · 1881
- Johnson v. WeatherwaxSupreme Court of Kansas · 1872
3 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Pfeifer v. HattonNorth Dakota Supreme Court · 1908
- Kelly v. BairdNorth Dakota Supreme Court · 1934
- Kelly v. BairdNorth Dakota Supreme Court · 1934