141 N.W. 136 | S.D. | 1913
This action was brought by the respondent for the recovery of damages occasioned by the alleged conversion by the appellants of certain personal property, claimed to have been owned by respondent. The amended complaint alleges that the appellant Reiley at the time of the conversion was the sheriff of Minnehaha county, and that his co-appellant, H. Millerke, was the plaintiff in a certain action wherein respondent in this action was the defendant. It is also alleged that some time prior to the commencement of this action the appellant H. Millerke sued out a writ of attachment in the action .above mentioned against the defendant (who is- respondent in this action) under and- by virtue of which the appellant Reiley, as such sheriff, seized upon the personal property claimed to have been the subject of the conversion. That, within the time allowed by law, a “demand -to. sheriff to set
Whether or not the amended complaint states facts sufficient to constitute a cause of action depends upon the interpretation to be given our exemption law.
There being but one cause of action stated in the complaint, the second ground of demurrer needs no further consideration.
The order appealed from is affirmed.