Campbell v. First National Bank
Idaho Supreme Court
APPEAL from the District Court of Sixth Judicial District for Fremont County. Hon. J. M. Stevens, Judget Action in claim and delivery; cross-complaint by defendants.
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APPEAL from the District Court of Sixth Judicial District for Fremont County. Hon. J. M. Stevens, Judget Action in claim and delivery; cross-complaint by defendants. Judgment for défendants. ' The true test in determining whether or not the respondents “obtained a more favorable judgment” than was offered in the compromise is made by comparing the offer with the judgment, and if the “specific property” offered to be returned and the “specific property” ordered by the judgment returned is the same in specie and in number, then the offer was complete in law; for the return of the property is…
1Opinion of the CourtSullivan, J.
This is an action in replevin. The plaintiff claims ownership and right of possession to seventeen hundred and eight head of stock sheep, and presented his affidavit and undertaking in said matter, and the sheriff seized the sheep and delivered them to him, and he has ever since kept possession thereof. The defendants denied plaintiff’s ownership and right of possession, and set up title to said sheep in one M. M. Barber, from whom they claim to *99have taken certain mortgages on the same, and possession was delivered to defendants by said Barber, the facts in regard to which are fully set forth…
2Cases cited2 opinions
- Johnson v. FraserIdaho Supreme Court · 1888
- Blackfoot Stock Co. v. DelamueIdaho Supreme Court · 1892
3Cited by7 opinions
- Boomer v. IsleyIdaho Supreme Court · 1930
- Judd v. Oregon Short Line R. R. Co.Idaho Supreme Court · 1935
- Keane v. Pittsburg Lead Mining Co.Idaho Supreme Court · 1909
- Preston A. Blair Co. v. RoseIdaho Supreme Court · 1935
- Tannahill v. LydonIdaho Supreme Court · 1918
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