14 S.D. 454 | S.D. | 1901
This is an action by the plaintiff, as sheriff of Lawrence county, to recover of the defendant the value of certain personal property, consisting of horses, wagons, harness, etc., which it is alleged the defendant converted to his own use. Judgment for the plaintiff, and the defendant appeals.
The first conclusion of law — that the chattel mortgage was valid and binding upon the parties in the state courts, notwithstanding the omission of the United States revenue stamp thereon — was undoubtedly correct, and is sustained by the authorities. Dowell v. Applegate, (C. C.) 7 Fed. 881 Id., 8 Fed 698; Campbell v. Wil
In the case of Perry v. Williams, 39 Wis. 339, the supreme court of Wisconsin held that the receiptor of property seized on process is not liable to the officer for nondelivery of the property unless the officer is liable to some one for his failure to hold or sell the property on his process, and this doctrine is applicable where such property belongs to the receiptor. In the opinion, the court, in speaking of prior decisions of the court of that state, says: “The principle of
We are of the opinion, therefore, that the court was clearly in error in its second conclusion of 'law, and that the conclusion should have been in favor of the defendant. As the facts seem to have been fully found in this case, we deem it proper to reverse the judgment of the court below, and instruct that court to modify its conclusions of law in accordance with the views herein expressed, and enter a judgment in favor of the defendant dismissing the action.