Emerson-Brantingham Implement Co. v. Ainslie
South Dakota Supreme Court
Appeal from Circuit Court, Custer Count}*. Hon. Levi McGee, Judge. Action by. Emerscn-Brantingh-am Implement Company, a corporation, as mortgagee, against'Isaac Ainslie, as sheriff of Custer Count}*-, South Dakota, to recover possession of mortgaged chattels taken under attachment. From an order sustaining a demurrer to- the complaint, plaintiff appeals.
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Appeal from Circuit Court, Custer Count}*. Hon. Levi McGee, Judge. Action by. Emerscn-Brantingh-am Implement Company, a corporation, as mortgagee, against'Isaac Ainslie, as sheriff of Custer Count}*-, South Dakota, to recover possession of mortgaged chattels taken under attachment. From an order sustaining a demurrer to- the complaint, plaintiff appeals. (1) To point one of the opinion, Appellant cited: Sec. 3729, C. S. Wyoming, 1910; First National Bank v. Woodworth, 7 Wyo, 20, 49 Pac. 406: Boswell v. First National Bank, 16 Wyo. 188, 92 Pac. 624, 93 Pac. 661. Respondent cited: Civ. Cede,…
1Opinion of the CourtGates, P. J.
Defendant sheriff was in possession of certain mortgaged chattels pursuant to a warrant of attachment issued against 'the property of the mortgagor, Choquette. Plaintiff, as assignee of the mortgage, brought this action for the possession of the chattels and for damages for their 'detention. Defendant demurred to the complaint for want of facts. The demurrer was sustained. Therefrom plaintiff appeals.’
The complaint alleges the giving of a chattel mortgage on the property by Choquette to Reeves & Co. in Weston county, Wyo., to secure the payment of specified promissory notes; the execution and…
2Cases cited11 opinions
- Farmers & Merchants State Bank v. SutherlinNebraska Supreme Court · 1913
- Keenan v. StimsonSupreme Court of Minnesota · 1884
- Carroll v. NisbetSouth Dakota Supreme Court · 1897
- Parker v. RandolphSouth Dakota Supreme Court · 1894
- Brynjolfson v. OsthusNorth Dakota Supreme Court · 1903
6 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Mexican v. Circle BearSouth Dakota Supreme Court · 1985
- Metro Plan, Inc. v. Kotcher-Turner, Inc.Michigan Supreme Court · 1941
- Barbour v. FinkeSouth Dakota Supreme Court · 1924
- Kwongyuen Hangkee Co. v. Starr Fireworks, Inc.South Dakota Supreme Court · 2001
- Thompson v. State Bank of LisbonNorth Dakota Supreme Court · 1929
4 more not listed; retrieve them via the Exa API.