Three States Lumber Co. v. Blanks
Court of Appeals for the Sixth Circuit
In Error to the Circuit Court of the United States for the Western District of Tennessee. The plaintiff in error instituted an action of replevin in the court below to recover 250,000 feet of lumber which it claimed had been unlawfully taken out of its possession by the defendant.
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In Error to the Circuit Court of the United States for the Western District of Tennessee. The plaintiff in error instituted an action of replevin in the court below to recover 250,000 feet of lumber which it claimed had been unlawfully taken out of its possession by the defendant. The writ was returned as executed “by taking the within described property out of the possession of the within named H. B. Blanks and delivering the said property to O. H. Scoggins, agent of the Three States Lumber Co. * * *” The defendant, by special plea, admitted plaintiff’s title to 15,000 feet of lumber so…
1Opinion of the CourtLurton, Circuit Judge
Many errors have been assigned, but in the argument those which *480are relied upon may, in substance, be reduced to two: (1) That the court erred in not instructing the jury to return no verdict for the return of the lumber replevied, nor for the value, nor for any damages for detention. (2) That the court erred in not instructing the jury that any verdict in favor of the defendant must be limited to the market value of the lumber replevied on the day of its seizure, less a pro rata part of the award to plaintiff as salvage in a certain admiralty proceeding against same, to be mentioned…
2Cases cited21 opinions
- Swift v. TysonSupreme Court of the United States · 1842
- Baltimore & Ohio Railroad v. BaughSupreme Court of the United States · 1893
- Chicago City v. RobbinsSupreme Court of the United States · 1863
- Warburton v. WhiteSupreme Court of the United States · 1900
- Detroit v. OsborneSupreme Court of the United States · 1890
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3Cited by9 opinions
- Drinkhouse v. Van NessCalifornia Supreme Court · 1927
- Universal CIT Credit Corporation v. JonesSupreme Court of Iowa · 1975
- In re National Grocer Co.Court of Appeals for the Sixth Circuit · 1910
- Adelbert College of Western Reserve University v. Wabash R.Court of Appeals for the Sixth Circuit · 1909
- Hargraves v. Hamilton Nat. BankCourt of Appeals of Tennessee · 1944
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