French v. State Sav. Bank of Ortley

• Court: South Dakota Supreme Court
• Writing for the Court: SMITH
• Citation: French v. State Sav. Bank of Ortley, 35 S.D. 152, 151 N.W. 286 (S.D. 1915)
• Decision Date: 08 March 1915
• Docket Number: No. 3697.,3697.
• Parties: FRENCH v. STATE SAVINGS BANK OF ORTLEY.

35 S.D. 152

151 N.W. 286

FRENCH

v.STATE SAVINGS BANK OF ORTLEY.

No. 3697.

Supreme Court of South Dakota.

March 8, 1915.

Appeal from Circuit Court, Roberts County; Raymond L. Dillman, Judge.

Action by Edith French against the State Savings Bank of Ortley. Judgment for the plaintiff, and defendant appeals. Affirmed.C. C. Bush, of Waubay, and Anderson & Waddel, of Webster, for appellant.

Howard Babcock, of Sisseton, for respondent.

SMITH, J.

This was an action to recover possession of personal property, viz., horses and milch cows, with damages for wrongful detention. There was a jury trial resulting in a verdict and judgment for plaintiff for a return of the property or its value, fixed at $650, and for damages in the sum of $150. The appeal is from the judgment and an order overruling a motion for a new trial. The only errors assigned relate to the admission of certain evidence.

Plaintiff testified to her ownership and possession of the property; that she was using the cows for milking purposes and support of her family. She was then asked by her counsel, “How many children have you?” and over objection was permitted to testify in substance that she had four children who were living with and were supported by her; that the cows gave about 20 quarts of milk daily, part of which was consumed by the family and the rest sold to the neighbors and to men working on the railroad, for which she received five cents per quart; that she used the horses for various purposes, such as working on the farm and driving persons about for pay; and that she had no other horses, except a colt.

It is appellant's contention that the court committed reversible error “in permitting the respondent to dwell on the facts that she had a family of children; that she was living in a house at Ortley and had her children with her, was there supporting herself, and in doing this she used the milk of the cows for food, and used the horses to plow the garden, haul the hay,...