Millerke v. Reiley
South Dakota Supreme Court
Appeal from Circuit Court, Minnehaha County. Hon. Joseph W. Jones, Judge. Action by William Millerke against Eugene Reiley, as sheriff, and another, for conversion of property claimed as exempt. From, a judgment overruling defendants’ joint demurrer, they appeal. It is clear under Secs. 362, 345, Code Civ.
Read the full summary
Appeal from Circuit Court, Minnehaha County. Hon. Joseph W. Jones, Judge. Action by William Millerke against Eugene Reiley, as sheriff, and another, for conversion of property claimed as exempt. From, a judgment overruling defendants’ joint demurrer, they appeal. It is clear under Secs. 362, 345, Code Civ. Proc., that no ex- • emptions of any kind or character, absolute or otherwise, can be allowed against an execution or attachment issued for the purchase money of property claimed to be exempt. It then becomes necessary that the complaint should show that the debt sued upon in the attachment…
1Opinion of the CourtPolley, J.
This action was brought by the respondent for the recovery of damages occasioned by the alleged conversion by the appellants of certain personal property, claimed to have been owned by respondent. The amended complaint alleges that the appellant Reiley at the time of the conversion was the sheriff of Minnehaha county, and that his co-appellant, H. Millerke, was the plaintiff in a certain action wherein respondent in this action was the defendant. It is also alleged that some time prior to the commencement of this action the appellant H. Millerke sued out a writ of attachment in the action…
2Cases cited9 opinions
- Paddock v. BalgordSouth Dakota Supreme Court · 1891
- First National Bank v. LancasterNebraska Supreme Court · 1898
- Wagner v. OlsonNorth Dakota Supreme Court · 1893
- Eisenhauer v. DillIndiana Court of Appeals · 1893
- Elder v. FrevertNevada Supreme Court · 1884
4 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Norberg v. HagnaSouth Dakota Supreme Court · 1923
- State v. RathjinSouth Dakota Supreme Court · 1923
- Roberts v. ShafferSouth Dakota Supreme Court · 1916
- Shriver-Johnson Co. v. HargravesSouth Dakota Supreme Court · 1929