Auby v. Rathbun
Citations
- 11 S.D. 474
- 78 N.W. 952
- 1899 S.D. LEXIS 21
Syllabus
<p>1. Where an officer merely states to the debtor that he comes to levy on his property, at the same time giving the debtor a written notice, and stating that the sheriff will probably never come for the property, and the officer assumes no control over the property, either by himself or another, the levy is insufficient.</p> <p>2. A statement made by a deputy sheriff, while making a levy, that the sheriff will probably never come for the property, is part of the res gestee, binding on the sheriff.</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- under Arkansas law, ‘‘accidental physical loss’’ ‘‘requires some physicality to the loss or damage of property—e.g., a physical alter- ation, physical contamination, or physical destruction’’ (internal quotation marks omitted)
Source: CourtListener parenthetical corpus (CC0).
Judges: Corson
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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