Nebraska Land & Live Stock Co. v. Burris
South Dakota Supreme Court
Appeal from circuit court, Meade county. Hon. A. J. Plowman, Judge. Conversion. Defendant had judgment on counterclaim, and plaintiff appeals. The facts are stated in the opinion. The motion to continue should have been granted. Stone v. Railroad, 3 S. D. 330, 53 N. W. 189; Johnson v. Dinsmore, 9 N. W. 558; Williams v. State, 6 Neb. 336; Gonring v. Railroad, 47 N. W. 18.
1Opinion of the CourtCorson, P. J.
This action was instituted by the plaintiff to recover $225, alleged to be due it for wood and a team of horses claimed to have been converted by the defendant. The defendant interposed a general denial, and pleaded a number of counterclaims. The case was tried to a jury who found for the plaintiff in the sum of $134.45, and for the defendant $844.35; and a judgment was thereupon entered for the defendant for $709.90 and costs. Prom this judgment, the plaintiff has appealed. No motion for a new trial was made, and hence the only questions presented for our consideration are questions of law.
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2Cases cited4 opinions
- Gaines v. WhiteSouth Dakota Supreme Court · 1891
- Bowers v. Graves & Vinton Co.South Dakota Supreme Court · 1896
- Stone v. Chicago, M. & St. P. Ry. Co.South Dakota Supreme Court · 1892
- Cranmer v. KohnSouth Dakota Supreme Court · 1895
3Cited by6 opinions
- Atyeo v. PaulsenSouth Dakota Supreme Court · 1982
- State v. PirkeySouth Dakota Supreme Court · 1908
- Webb v. WegleyNorth Dakota Supreme Court · 1910
- Quarnberg v. City of ChamberlainSouth Dakota Supreme Court · 1912
- Hood v. FaySouth Dakota Supreme Court · 1901
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