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SCHIEVELBEIN v. BOOS

No. 9281.

54 N.W.2d 172 (1952)

SCHIEVELBEIN v. BOOS et al.

Supreme Court of South Dakota.

Rehearing Denied July 22, 1952.

Attorney(s) appearing for the Case

Tom Kirby, Blaine Simons, Louis H. Smith, Sioux Falls, for appellants.

Henry C. Mundt, Danforth & Danforth, Sioux Falls, for respondent.

RUDOLPH, Judge.

This appeal relates to a retrial of the action, Schievelbein v. Boos, S.D., 45 N.W.2d 453. The action is for conversion of an automobile which we held on the prior appeal was illegally levied upon and seized by the sheriff. The trial court held the sheriff liable in conversion, and the sheriff and his bondsman appeal.

On this appeal appellants accept the prior holding that the levy was illegal, but contend...

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