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· 11/19/1895

Hormann v. Sherin

Citations

  • 8 S.D. 36
  • 65 N.W. 434
  • 1895 S.D. LEXIS 17

Syllabus

<p>1. Ordinarily, an execution against the person will not issue upon a judgment in an action in which several causes of action are combined, if either of such causes is one that would not allow a judgment upon which execution against the person might issue; but the rule is not applicable where the verdict of the jury upon which the judgment is rendered establishes to a certainty that they found against the defendant only upon a cause which would support a judgment upon which such an execution might issue.</p> <p>2. Upon-a judgment for the wrongful conversion of personal property, execution against the person may issue. j</p> <p>8. In such case, execution may be issued as in other cases without any order of the court or judge.</p> <p>(Syllabus by the Court.</p>

Judges: Kellam

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