Fox v. William Deering & Co.

Citations

• 7 S.D. 443
• 64 N.W. 520
• 1895 S.D. LEXIS 94

Syllabus

<p>1. An attorney at law retained and authorized to institute and prosecute an action in claim and delivery has implied authority to proceed in an orderly way, and to direct such incidental things to he done as may reasonably seem necessary, under the circumstances, to protect the interest of his cliant, and attain the end for which the suit was instituted.</p> <p>2. An officer who has seized personal property in an action in claim and delivery may withhold the possession thereof from a person otherwise entitled thereto, until he has received his lawful fees for taking and his necessary expenses for keeping the same. Comp. Laws l 4981.</p> <p>(Syllabus by the Court.</p>