Fotheringham v. Lockhart
South Dakota Supreme Court
Action in claim and delivery by Thomas W. Fotheringham against Frank M. Lockhart. From a judgment on a -special verdict and findings by the trial court, plaintiff appeals. Appellant respectfully contends that the proposed showing was insufficient to entitle defendant to the relief asked, viz., permission to amend his answer by setting up facts, or purported facts, upon which to ask for a reformation of -the written instrument, for the reasons hereinbefore stated.
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Action in claim and delivery by Thomas W. Fotheringham against Frank M. Lockhart. From a judgment on a -special verdict and findings by the trial court, plaintiff appeals. Appellant respectfully contends that the proposed showing was insufficient to entitle defendant to the relief asked, viz., permission to amend his answer by setting up facts, or purported facts, upon which to ask for a reformation of -the written instrument, for the reasons hereinbefore stated. In this connection it will be noted that defendant’s showing was of a mistake on the part of himself alone, and on these facts he…
1Opinion of the CourtMcCOY, P. J.
This is an action in replevin instituted, by plaintiff to recover ’from defendant the possession of certain articles claimed by plaintiff to be personal property, consisting mostly of shelving, show cases, tables, etc., which were situated and had been used in a certain store building .owned by defendant at the time of the commencement of this action in April, 1911. The complaint is the ordinary- form used in replevin, or claim and delivery, alleging that plaintiff is the owner of the property described therein, and that defendant wrongfully took said possession from plaintiff and now…
2Cases cited4 opinions
- Timp v. DockhamWisconsin Supreme Court · 1873
- Cox v. BeardSupreme Court of Kansas · 1907
- Longerbeam v. HustonSouth Dakota Supreme Court · 1905
- McCormick Harvesting Machine Co. v. WoulphSouth Dakota Supreme Court · 1898
3Cited by3 opinions
- Lyle v. BarnesSouth Dakota Supreme Court · 1913
- L. W. Wentzel Implement Co. v. State Finance Co.North Dakota Supreme Court · 1954
- Teutsch v. HvistendahlSouth Dakota Supreme Court · 1947