Feury v. McCormick Harvesting Mach. Co.

Citations

• 6 S.D. 396
• 61 N.W. 162
• 1894 S.D. LEXIS 161

Syllabus

<p>1. The act of an attorney within the scope of his authority in the conduct of of an action is the act of his client, and the direction of such an attorney, indorsed upon an affidavit in claim and delivery, requiring an officer to take the possession of the property described in the affidavit ’ from the defendant, and deliver the same to the plaintiff, is in law to be regarded as the direction of the plaintiff himself.</p> <p>2. Where, in an action in claim and delivery, personal property is specifically described in the affidavit, and the statutory indorsement is made thereon, signed by plaintiff’s attorney, and the officer takes into his possession the identical property so described, in.pursuance of such indorsement, the plaintiff in the action is liable for the value of the property so taken to a third party who was the actual owner of the same when so taken by the officer.</p> <p>(Syllabus by the Court..</p>