Cole v. Reiley
South Dakota Supreme Court
Appeal from Circuit Court, Minnehaha County. Hon. Joseph W. Jones, Judge. Action by Alvina Cole against Eugene Reiley, sheriff, to recover money alleged. to have been seized by defendant under an execution, on deposit as proceeds of payment. made upon promissory notes alleged to belong' to plaintiff. From a judgment for defendant, and from an order denying a new trial, plaintiff appeals. (2) Under point two of the opinion, Respondent cited: Secs. 2368, 2370, Civ.
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Appeal from Circuit Court, Minnehaha County. Hon. Joseph W. Jones, Judge. Action by Alvina Cole against Eugene Reiley, sheriff, to recover money alleged. to have been seized by defendant under an execution, on deposit as proceeds of payment. made upon promissory notes alleged to belong' to plaintiff. From a judgment for defendant, and from an order denying a new trial, plaintiff appeals. (2) Under point two of the opinion, Respondent cited: Secs. 2368, 2370, Civ. Code; Frobert' v. McDonald, Sheriff, 2 S. D. 495-506; Salmonson v. Thompson, 13 N. D. 182, ' 101 N. W. 320-325. (4) Under point…
1Opinion of the CourtPolley, J.
Appellant, claiming to be the owner, by assignment, of two certain promissory notes, placed the same in a bank for collection. The notes- were originally payable to one Ed. J. Gotthelf, -and certain payments, aggregating $2,304.94, made thereon to the bank, were seized by respondent as sheriff of Minnehaha county, under an execution issued upon the judgment in the case of McEwen v. Gotthelf, 31 S. D. 180, 140 N. W. 264, heretofore affirmed by this court. Both of the said notes were executed on the 1st day of September, 1911, are payable on the 1st day of September, 1915, -and draw interest at…
2Cases cited1 opinion
- McEwen v. GotthelfSouth Dakota Supreme Court · 1913
3Cited by4 opinions
- First National Bank of Beresford v. AndersonSouth Dakota Supreme Court · 1980
- Mustar v. McCombSouth Dakota Supreme Court · 1917
- First National Bank of Beresford v. AndersonSouth Dakota Supreme Court · 1980
- Richards v. SmithSouth Dakota Supreme Court · 1929