Svendsen v. Ketchmark
South Dakota Supreme Court
Appeal from Circuit Co-urt, Tripp County. Ho-n. Wiiaiam Wiiaiamso-n, Judge. Action by Su-ssie Sven-dsen, against E. C. Ketichmark and others, upon a redelivery under-taking, -in -claim an-d1 -delivery. From a judgment for plaintiff, and from an order denying a new-trial, -defendants -appeal Appellants cited': Code Civ.
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Appeal from Circuit Co-urt, Tripp County. Ho-n. Wiiaiam Wiiaiamso-n, Judge. Action by Su-ssie Sven-dsen, against E. C. Ketichmark and others, upon a redelivery under-taking, -in -claim an-d1 -delivery. From a judgment for plaintiff, and from an order denying a new-trial, -defendants -appeal Appellants cited': Code Civ. Pro'c., Se-cs. 313, 273; Nickerson v. Chatterton, 7 Cal. 568; Holt v. Van Eps, 1 Dale. 520; Nickerson v. California Stage Co., 10 Cal.' 520; Note to- Section 627, p. 1015, Vol. 3, Kerr’s California C. C. P., Part 1;. Johnson et al. v. Glaspay, (N. D.) 113 >N. W. 602. Respondent…
1Opinion of the CourtM-cGO-Y, J.
This action was brought against -defendants, as sureties on a -redelivery undertaking in Claim and -delivery, executed and delivered by them- 'in a -certain other -action wherein this plaintiff was plaintiff, and James Con-don an-d Charles Bailey were -defendants, to recover the -amount -of the undertaking; judg*62merit in the claim and delivery action 'having been in favor of the plaintiff. This action was tried to tire court without a jury, jury having -been waived, and findings andi judgment were in favOr of plaintiff, and 'defendants appeal.
On 'the trial of this action, the plaintiff offered…
2Cases cited2 opinions
- Western Stage Co. v. WalkerSupreme Court of Iowa · 1856
- Towne v. LiedleSouth Dakota Supreme Court · 1898
3Cited by1 opinion
- Quinlan v. JonesWyoming Supreme Court · 1921