Odell v. Petty

Citations

• 19 S.D. 532
• 104 N.W. 249
• 1905 S.D. LEXIS 76

Syllabus

<p>1. Where judgment for plaintiff, in an action to recover possession of personal property, is assigned, the assignee is the real party in interest entitled to sue on a redelivery- bond, providing that its obligations shall be performed byreturning the property or paying its adjudged value.</p> <p>2. Where exceptions are incorporated in the bill of exceptions, pursuant to the universal practice of the trial court, by which an exception is deemed to be taken to each of its rulings without the formality of a ■ timely exception, the rulings to which exceptions were so taken were properly presented for review.</p>