Legal Opinion

Kirby v. Madden

South Dakota Supreme Court

Decided February 20, 1939No. File No. 8198PublishedCited by 3 opinions

1Opinion of the CourtRudoep'H, J.

The complaint herein alleges that one Mary Kirby died on the 18th day of February, 1931; that at the time of her death she was the owner of certain personal property; that immediately following her death defendant took possession and embezzled the personal property of the decedent. No administrator of the estate of Mary Kirby, deceased, was appointed until October 19, 1937. The summons and complaint were served on defendant on January 25, 1938. The action was brought by the administrator under the provisions of Section 3329, Rev. Code 1919, for double the value of the property alleged to have…

2Cases cited3 opinions

  1. Tynan v. WalkerCalifornia Supreme Court · 1868
  2. McPherson v. SwiftSouth Dakota Supreme Court · 1908
  3. Valente v. BoggianoSupreme Court of New Jersey · 1931

3Cited by3 opinions

  1. Shinabarger v. JatoiDistrict Court, D. South Dakota · 1974
  2. Hinkle v. HargensSouth Dakota Supreme Court · 1957
  3. Hinkle v. HargensSouth Dakota Supreme Court · 1957

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