Towne v. Liedle

Citations

• 10 S.D. 460
• 74 N.W. 232
• 1898 S.D. LEXIS 19

Syllabus

<p>1. Complaint to recover specific personal property, alleging- that defendants took and wrongfully detain from plaintiff specified articles of personal property belonging to plaintiff, of a certain value, in which plaintiff claims the property, and right to immediate possession, and that plaintiff demanded the return of the property, states facts sufficient to constitute a cause of action.</p> <p>2. In support of a judgment, the abstract not purporting to contain all the evidence, it will be presumed plaintiff properly claimed bis exemptions.</p> <p>3. In support of rulings of the circuit court on introduction of docket and execution of a justice of the peace, it will be presumed, in the absence of the record of the justice court, that it did not show authority for the unusual recitals in the execution.</p> <p>4. Where action is to recover specific personal property, or the value thereof if return cannot be had, and the court directs verdict for plaintiff for such sum as the jury find to be a reasonable value of the property, a verdict finding for plaintiff, and assessing his “damages” at a certain sum, will, in the absence of objection therto, support a proper judgment.</p>