Griswold v. Sundback
South Dakota Supreme Court
Appeal from circuit court, Minnehaha county. Hon. Frank R Aikens, Judge. Action in claim and delivery against the defendants, who are sheriff and deputy sheriff respectively of Minnehaha county to recover the possession of property taken from the plaintiff by virtue of a writ of attachment. Plaintiff had judgment, and defendant appeals. The facts are stated in the opinion.
Read the full summary
Appeal from circuit court, Minnehaha county. Hon. Frank R Aikens, Judge. Action in claim and delivery against the defendants, who are sheriff and deputy sheriff respectively of Minnehaha county to recover the possession of property taken from the plaintiff by virtue of a writ of attachment. Plaintiff had judgment, and defendant appeals. The facts are stated in the opinion. It was error for the court to eliminate from the case the question of fraud in the trasaction between the plaintiff and the attachment debtor. The plaintiff by his own testimony in cross examination established a prima…
1Opinion of the CourtBennett, P. J.
This is an action in claim and delivery, in which the plaintiff, Griswold, claims of the defendants, who are the sheriff and deputy sheriff of Minnehaha county,, the possession of a quantity of merchandise which was taken from said Griswold by them by virtue of a writ of attachment sued out in an action wherein one Jacob Haish was plaintiff,' and one W. I. Sibbison was defendant. The facts, as they appear from the record, are, in substance, as follows: On the 9th day of April, 1891, W. I. Sibbison had a stock of merchandise at Dell Rapids, S. D. About that time Jacob Haish commenced an action…
2Cases cited10 opinions
- Malloney v. . HoranNew York Court of Appeals · 1872
- Sponenbarger v. LemertSupreme Court of Kansas · 1879
- McMillan v. DanaCalifornia Supreme Court · 1861
- Braley v. FrenchSupreme Court of Vermont · 1856
- Martin v. . GilbertNew York Court of Appeals · 1890
5 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Albien v. SmithSouth Dakota Supreme Court · 1909
- Bank of Sanborn v. FranceNorth Dakota Supreme Court · 1920
- Noyes v. BraceSouth Dakota Supreme Court · 1896
- Corson Lumber Co. v. MillardSouth Dakota Supreme Court · 1933
- Griswold v. SundbackSouth Dakota Supreme Court · 1894