Twist v. Kelly
Nevada Supreme Court
Appeal from the District Court of the First Judicial District, Storey county. This was an action brought by plaintiff to recover the sum of three thousand dollars damages, alleged to have been sustained by plaintiff by the unlawful acts of the defendants in seizing upon certain personal property belonging to the plaintiff.
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Appeal from the District Court of the First Judicial District, Storey county. This was an action brought by plaintiff to recover the sum of three thousand dollars damages, alleged to have been sustained by plaintiff by the unlawful acts of the defendants in seizing upon certain personal property belonging to the plaintiff. The defendant, Kelly, as sheriff of Storey county, justified the seizure by virtue of a certain writ of attachment to him delivered in the suit of A. Louclc v. Wm. Hoffman, in the district court of said couiffy. The attachment ivas levied upon the personal property in the…
1Opinion of the Court
By the Court,
Beatty, J.:
This is one of those cases in Avhicli the vendee of personal property claims damages-for its seizure under process against the vendor, and in Avhicli the principal question is whether or not the sale is void as to the creditors of the vendor, by reason of the want of immediate delivery or actual and continued change of possession. 'The plaintiff recovered judg*380menfc in tbe district court, and the defendants appeal from the judgment and the order of the court overruling their motion for a new trial. The respondent objects to the consideration of the appeal from the…
2Cases cited1 opinion
- Gray v. SullivanNevada Supreme Court · 1876