United States v. Price Trading Co.
Court of Appeals for the Eighth Circuit
In Error to the Circuit Court of the United States for the District of Utah. The United States instituted this action on May 12, 1899, against the defendants in error to recover the value of 12,346 fence posts, of the value of $987.68, alleging, in substance, that the posts had been unlawfully cut and removed from government lands.
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In Error to the Circuit Court of the United States for the District of Utah. The United States instituted this action on May 12, 1899, against the defendants in error to recover the value of 12,346 fence posts, of the value of $987.68, alleging, in substance, that the posts had been unlawfully cut and removed from government lands. The case was tried principally upon an agreed statement of facts, from which we cull the following admissions: The Price Trading Company is a mercantile corporation. A. Ballinger is its secretary. At the time alleged in the complaint the Price Trading Company had…
1Dissent
SANBORN, Circuit Judge.(dissenting). The defendants below interposed two defenses in this action: (1) That the posts were taken by the Rio Grande Railway Company for the construction of its railroad under the act of March 3, 1875 (18 Stat. 482, c. 152); and (2) that they were cut and removed by persons authorized to do so under the act of June 3, 1878 (20 Stat. 88, c. 150). At the close of the trial the court peremptorily instructed the jury (1) that the defendants had justified their taking of 7,000 of the posts, because, after they were unlawfully cut .and removed from the land of the…
2Cases cited13 opinions
- Vicksburg & Meridian Railroad v. O'BrienSupreme Court of the United States · 1886
- National Masonic Acc. Ass'n of Des Moines v. ShryockCourt of Appeals for the Eighth Circuit · 1896
- Deery v. CraySupreme Court of the United States · 1867
- United States v. CookSupreme Court of the United States · 1874
- Gilmer v. HigleySupreme Court of the United States · 1884
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