Slaughter v. Nolan
South Dakota Supreme Court
Appeal from Circuit Court, Tripp County. Hon. William Williamson, Judge. Action by Chester Slaughter, against M. K. Nolan and E. A. 'Dwyer, to recover damages for wrongful levy of an attachment. From a judgment for plaintiff, and from an order denying a new trial, defendants appeal.
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Appeal from Circuit Court, Tripp County. Hon. William Williamson, Judge. Action by Chester Slaughter, against M. K. Nolan and E. A. 'Dwyer, to recover damages for wrongful levy of an attachment. From a judgment for plaintiff, and from an order denying a new trial, defendants appeal. (i) To point one of the opinion, Appellants cited: Vesper v. Crane Co. et al., 130 Pac. 876. Respondent -cited: Johnson v. Burnside, 3 S. D., 230; Sherwood v. City of Sioux Falls, 10 S. D. 405; 26 Cyc. 74. (3) To point three, Appellants cited: 2 C. J. Sec. hi; 6 C. J. P. 416, 519; Frantz v. Hanford et al., (Ia.)…
1Opinion of the CourtWhiting, P. J.
Plaintiff brought this action to recover damages which he alleged he had suffered because of an attachment which defendant had caused to be levied on his property, he alleging such attachment to have been wrongful. This 'is not an action upon the attachment bond; neither is it an action based upon the issuance of an irregular or void process. Verdict and judgment were for plaintiff. From such judgment and an order denying a new trial, this appeal was taken.
We deem it necessary to consider but one question: Will this action lie without allegation or proof of malice and want of probable cause?…
2Cases cited15 opinions
- Stewart v. SonnebornSupreme Court of the United States · 1879
- Vesper v. Crane Co.California Supreme Court · 1913
- Mitchell v. Silver Lake LodgeOregon Supreme Court · 1896
- Wilcox v. McKenzieSupreme Court of Georgia · 1886
- Kennedy v. GarriganSouth Dakota Supreme Court · 1909
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3Cited by6 opinions
- Watertown Equipment Co. v. Norwest Bank Watertown, N.A.Court of Appeals for the Eighth Circuit · 1987
- Lee v. DunbarDistrict of Columbia Court of Appeals · 1944
- Kirby v. First National BankSouth Dakota Supreme Court · 1936
- Commercial Investment Trust, Inc. v. William Frankfurth Hardware Co.Wisconsin Supreme Court · 1922
- Kirby v. First National BankSouth Dakota Supreme Court · 1936
1 more not listed; retrieve them via the Exa API.