Legal Opinion

Murphy v. Braase

Idaho Supreme Court

Decided January 25, 1893PublishedCited by 2 opinions

APPEAL from District Court, Alturas County. This is a case of claim and delivery. The plaintiff alleges that he is entitled to the possession of certain property described in the complaint, as pledgee; that said goods and chattels, consisting of horses, mares and colts, are of the value of $1,500; that the defendant wrongfully took the said goods and chattels from the possession of the plaintiff, without his consent; that the defendant still unlawfully and wrongfully…

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APPEAL from District Court, Alturas County. This is a case of claim and delivery. The plaintiff alleges that he is entitled to the possession of certain property described in the complaint, as pledgee; that said goods and chattels, consisting of horses, mares and colts, are of the value of $1,500; that the defendant wrongfully took the said goods and chattels from the possession of the plaintiff, without his consent; that the defendant still unlawfully and wrongfully withholds and detains said goods and chattels from plaintiff, to his damage in a sum of $500 — and demands judgment. The…

1Opinion of the CourtMorgan, J.

(After Stating the Facts.) — The plaintiff, being introduced as a witness in his own behalf, says that he loaned P. H. Kinney the sum of $1,500 in the fall of 1889; that Kinney turned over the horses in controversy to him, together with some other personal property, as security for said money; that, at the time of said loan, a portion of the horses were in the possession of Nelson Brothers, ready to be taken to the winter range, and a portion at the Lufldn ranch. At the time of said contract of loan, a written bill of sale of the horses, duly executed, was delivered to plaintiff by said…

Also in this document: Concurrence.

2Cases cited5 opinions

  1. Williams v. LerchCalifornia Supreme Court · 1880
  2. Mamlock v. WhiteCalifornia Supreme Court · 1862
  3. Bell v. McClellanCalifornia Supreme Court · 1885
  4. Harkness v. SmithIdaho Supreme Court · 1891
  5. Morgan v. MillerCalifornia Supreme Court · 1881

3Cited by2 opinions

  1. Flood v. McClureIdaho Supreme Court · 1893
  2. Isaak v. JourneyIdaho Supreme Court · 1932

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