First National Bank v. Steers
Idaho Supreme Court
APPEAL from District Court iu and for Bingham County. Honorable J. M. Stevens, Judge. Action in claim and delivery. Demurrer to the complaint was sustained and Judgment entered for the defendant and plaintiff appealed. The facts are stated in the opinion.
Read the full summary
APPEAL from District Court iu and for Bingham County. Honorable J. M. Stevens, Judge. Action in claim and delivery. Demurrer to the complaint was sustained and Judgment entered for the defendant and plaintiff appealed. The facts are stated in the opinion. Is the plaintiff, under the terms of the mortgage and the allegations of the complaint, entitled to the possession of this property as against the defendant? In other words, will an action for replevin in this state lie in favor of the mortgagee to get possession of the property which has been unlawfully and wrongfully taken possession of by…
1Opinion of the CourtAilshie, J.
This action was commenced by the plaintiff in claim and delivery to recover the possession of a band of three thousand one hundred head of sheep and seven hundred and fifty head of lambs. Plaintiff filed its complaint alleging that on or about the seventeenth day of October, 1902, one J. M. Jolly was the owner and in possession of a certain band of sheep, and was then indebted to the plaintiff in the sum of $5,'000; that upon said date Jolly made, executed and delivered to plaintiff his two certain promissory notes for the sum of $5,000, and secured the same by chattel mortgage upon the…
2Cases cited10 opinions
- Wood v. WeimarSupreme Court of the United States · 1881
- Singer Sewing Machine Co. v. RiosTexas Supreme Court · 1903
- Rein v. CallawayIdaho Supreme Court · 1901
- Flinn v. FerryCalifornia Supreme Court · 1900
- Mayes v. StephensOregon Supreme Court · 1901
5 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Kettenbach v. WalkerIdaho Supreme Court · 1919
- Forbush v. San Diego Fruit & Produce Co.Idaho Supreme Court · 1928
- Blackfoot City Bank v. ClementsIdaho Supreme Court · 1924
- Martin v. HollowayIdaho Supreme Court · 1909
- Largilliere Co. v. McConkieIdaho Supreme Court · 1922
5 more not listed; retrieve them via the Exa API.