Shauer v. Alterton
Supreme Court of the United States
ERROR TO THE SUPREME COURT OF THE STATE OF SOUTH DAKOTA. This action was brought by the plaintiff in error in one .of the courts of the Territory of Dakota to recover damages for the alleged- unlawful taking by the defendant Alterton of a certain stock of merchandise in a storehouse that had been occupied by Louis S. Shauer, in the city of Mitchell, in that Territory.
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ERROR TO THE SUPREME COURT OF THE STATE OF SOUTH DAKOTA. This action was brought by the plaintiff in error in one .of the courts of the Territory of Dakota to recover damages for the alleged- unlawful taking by the defendant Alterton of a certain stock of merchandise in a storehouse that had been occupied by Louis S. Shauer, in the city of Mitchell, in that Territory. The defendant justified the taking under attach-• ments in favor of creditors of Louis S: Shauer, which came to liis hands as sheriff of the county. There was a verdict in favor of the. defendant; and a new trial having been…
1Opinion of the CourtJustice Harlan
1. The refusal of the court to allow the plaintiff to read the answer of the witness Nash to the question, “ You may state whether or not that check has all the appearance of having passed through the bank' in the ordinary course of business,” cannot be assigned as error. The bill of exceptions does not show what answer was made to that question in the deposition of the witness. It does not even state the facts the answer tended to establish. We cannot, therefore, say that the exclusion of the answer was prejudicial to the plaintiff. For aught that appears in the record, the witness may have…
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