Cady v. Keller
Idaho Supreme Court
APPEAL from the District Court of the Eighth Judicial District for Kootenai County. Hon. R. N. Dunn, Judge. Action of replevin. Judgment for plaintiffs. The judgment is contrary to the verdict, the verdict being in the alternative, while the judgment is absolute, for the value of the property; and it is believed to be void for that reason alone.
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APPEAL from the District Court of the Eighth Judicial District for Kootenai County. Hon. R. N. Dunn, Judge. Action of replevin. Judgment for plaintiffs. The judgment is contrary to the verdict, the verdict being in the alternative, while the judgment is absolute, for the value of the property; and it is believed to be void for that reason alone. (Fitzhugh v. Wiman, 9 N. Y. 559; Coohe v. Aguirre, 86 Cal. 479, 25 Pac. 5; Phipps v. Taylor, 15 Or. 484, 16 Pac. 171.) The plaintiff in this action was entitled to judgment in the alternative for the return of the property or its value as found by the…
1Opinion of the CourtMorgan, J.
This action was commenced by respondents against appellant to recover possession of a team, harness and farm wagon, or the value thereof in case delivery could not be had, together with damages for the taking and detention of the property.
*370It appears that appellant came into possession of the property, which respondents claim was exempt from execution under the provisions of sec. 4480, Rev. Codes, in his official capacity as constable, first, under and by virtue of a writ of attachment and, thereafter, under and by virtue of a writ of execution issued out of the justice’s court in a case…
2Cases cited10 opinions
- Idaho Placer Mining Co. v. GreenIdaho Supreme Court · 1908
- Osborn v. CaryIdaho Supreme Court · 1915
- Harrison v. Russell & Co.Idaho Supreme Court · 1909
- Mantle v. Jack Waite Mining Co.Idaho Supreme Court · 1913
- Pennsylvania-Coeur D'Alene Mining Co. v. GallagherIdaho Supreme Court · 1910
5 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- City of Meridian v. PETRA Inc.Idaho Supreme Court · 2013
- State v. JurkoIdaho Supreme Court · 1926
- State v. RedingIdaho Supreme Court · 1932
- Radermacher v. EckertIdaho Supreme Court · 1942
- Cox v. Mountain Vistas, Inc.Idaho Supreme Court · 1981
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