Kolbe v. Harrington

Citations

• 15 S.D. 263
• 88 N.W. 572
• 1901 S.D. LEXIS 118

Syllabus

<p>1. Where the record on appeal presents only a portion of the charge given on the court’s own motion, it will be presumed that, as an entirety such charge covered everything properly contained in the instructions offered and refused.</p> <p>2. Where, in an action by a wife against a sheriff for the conversion of money attached in a bank by a creditor of her husband, received on sale of land taken in exchange for land purchased and held in her name, both husband and wife testified that* the 'money invested was the principal and accumulated interest of money loaned by the wife to the husband, for the repayment of which no definite time was fixed, it was not error to instruct that the theory of the plaintiff was that at a certain time she gave her husband money, and that there was some agreement between them that at some indefinite time the husband was to repay the money.</p> <p>3. It was not error to instruct that a husband has the right to deal with his wife, and pay her an honest indebtedness in an honest manner.</p>