Collier v. Fitzpatrick
Montana Supreme Court
Appeal from district court, Deer Lodge county. Theodore Brantley, Judge. Replevin by Anna Collier against John Fitzpatrick, sheriff of Deer Lodge county. Judgment for defendant, and plaintiff appeals. Statement of the case by the court.
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Appeal from district court, Deer Lodge county. Theodore Brantley, Judge. Replevin by Anna Collier against John Fitzpatrick, sheriff of Deer Lodge county. Judgment for defendant, and plaintiff appeals. Statement of the case by the court. Replevin fox the return of certain personal property, including, among other chattels, one black horse branded T on left shoulder, one brown mare branded F C on right hip, and one black horse branded P on left shoulder, or for the value of said property and damages. Defendant denied value as alleged, or that plaintiff was the owner or entitled to possession,…
1Per curiam
The ownership of the property sued for was the principal question tried in this case. Appellant conten Is that the evidence was insufficient to justify the verdict.
W ithout recapitulating it, we think it was sufficient, in so far as it affected all property described in the complaint except the black horse branded P and the brown mare. These latter animals plaintiff swore she had traded for with one Jesse Miller, exchanging certain cattle which belonged to her for them. Her testimony in this respect was substantially corroborated by several other witnesses, including Miller, the vendor, and…
2Cited by5 opinions
- Osmers v. FureyMontana Supreme Court · 1905
- Gallick v. BordeauxMontana Supreme Court · 1904
- Collier v. FitzpatrickMontana Supreme Court · 1899
- Hayes v. MoffattMontana Supreme Court · 1928
- Lawrence v. WestlakeMontana Supreme Court · 1903