O'Neill v. Murray

Decision Date31 October 1888
Citation6 Dak. 107,50 N.W. 619
PartiesO'Neill v. Murray.
CourtSouth Dakota Supreme Court

OPINION TEXT STARTS HERE

Appeal from district court, Lawrence county; Charles M. Thomas, Judge.

Action of replevin by Peter O'Neill against John W. Murray. Judgment for defendant. Plaintiff appeals. Affirmed.

The complaint alleged that while plaintiff was lawfully in possession of the property in question defendant wrongfully took the same from him, and that though plaintiff, prior to the commencement of the action, had duly demanded the possession thereof from defendant, he had at all times since such unlawful taking wrongfully detained the same. The property was replevied by the sheriff from defendant, and turned over to plaintiff. The answer denied, generally, every allegation of the complaint; and further alleged that at the times mentioned therein the property belonged to defendant, and not to plaintiff; that the said property had been delivered to plaintiff upon his claiming the immediate delivery thereof at the commencement of the action, to defendant's damage for said delivery and for the detention of the property in the sum of $2,000. Judgment was demanded for the return of the property and for damages in the sum of $2,000, and, if a return of the property could not be had, then for the value thereof, with damages as aforesaid. Before the trial, on suggestion of the death of John W. Murray, Cynthia A. Murray, his administratrix, was substituted as defendant; plaintiff objecting to such substitution on the ground that the cause of action embraced in defendant's counter-claim was a tort, and did not survive to his administratrix. At the trial plaintiff introduced in evidence a note dated March 31, 1881, made by John W. Murray and Cynthia A. Murray for $2,904.10, and payable four months after date to the order of one Coyne; a chattel mortgage executed on the same date by John W. Murray to Coyne to secure the payment of said note; a mortgage on certain land executed on the same date by John W. Murray and Cynthia A. Murray to Coyne to secure the payment of said note; a warranty deed of the same premises described in the mortgage, bearing date November 15, 1881, purporting to have been executed by John W. Murray and Cynthia A. Murray, conveying the premises described therein to plaintiff; also a bill of sale of personal property, which included the property in dispute in this action, made by John W. Murray and Cynthia A. Murray to plaintiff, dated ...

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8 cases
  • Schutterle v. Schutterle
    • United States
    • South Dakota Supreme Court
    • November 17, 1977
    ...in preparing a document is not such that clothes their communications with the attorney-client privilege, see, e. g., O'Neill v. Murray, 6 Dak. 107, 50 N.W. 619; England v. England, 243 Iowa 274, 51 N.W.2d 437; Olsen v. Olsen, 236 Iowa 313, 18 N.W.2d 602; Bolyea v. First Presbyterian Church......
  • Leonard v. Fleming
    • United States
    • North Dakota Supreme Court
    • January 14, 1905
    ... ... Code. Anheier v. Signor, 8 N.D. 499, 79 N.W. 983; ... Bunker v. Taylor, 83 N.W. 555; O'Neil v ... Murray, 50 N.W. 619; Brettell v. Deffeback, 60 ... N.W. 167; McCormick Harvesting Mach. Co. v. Snedigar, 53 N.W ...          A ... judgment ... ...
  • Bolyea v. First Presbyterian Church of Wilton, 8786
    • United States
    • North Dakota Supreme Court
    • March 29, 1972
    ...as Section 31--01--06, N.D.C.C., which section is set forth above. The territorial supreme court, in the case of O'Neil v. Murry, 6 Dak. 107, 50 N.W. 619 (1888), held 'Under sub. 1, § 499, C.C.Pro., providing that 'an attorney cannot, without the consent of his client, be examined as to any......
  • Meyer v. Davenport Elevator Co.
    • United States
    • South Dakota Supreme Court
    • September 2, 1899
    ...in cases like the present, is for the jury to determine, under proper instructions, which were in this instance given. O'Neill v. Murry, 6 Dak. 107, 50 N. W. 619;Dobbs v. Kellogg (Wis.) 10 N. W. 623;Lamson v. Moffat (Wis.) 21 N. W. 62;McAnnulty v. Seick, 59 Iowa, 586, 13 N. W. 743;Fuller v.......
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