Legal Opinion

Svendsen v. Ketchmark

South Dakota Supreme Court

Decided May 26, 1917No. File No. 4032PublishedCited by 1 opinion

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

  1. Western Stage Co. v. WalkerSupreme Court of Iowa · 1856
  2. Towne v. LiedleSouth Dakota Supreme Court · 1898

3Cited by1 opinion

  1. Quinlan v. JonesWyoming Supreme Court · 1921

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