Legal Opinion

Hilliard Flume & Lumber Co. v. Woods

Wyoming Supreme Court

Decided March 15, 1878PublishedCited by 5 opinions

Error to the District Court for Uinta County. A full statement appears in the opinion. contended: 1. -That the verdict was not sustained by sufficient evidence, and was contrary to law; 2. That the jury erred in the assessment of damages; 3. That the court erred in permitting an affidavit made in another action to be introduced in evidence by one of the witnesses for the defense, and in the admission of other testimony; 4. That the court erred in the instructions to the…

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Error to the District Court for Uinta County. A full statement appears in the opinion. contended: 1. -That the verdict was not sustained by sufficient evidence, and was contrary to law; 2. That the jury erred in the assessment of damages; 3. That the court erred in permitting an affidavit made in another action to be introduced in evidence by one of the witnesses for the defense, and in the admission of other testimony; 4. That the court erred in the instructions to the jury; 5. That the court erred in overruling the motion for a new trial, and cited: Clark v. Skinner, 20 John. 465; Pattison…

1Opinion of the Court

By the Court,

Peck, J.

This is an action of trover for the conversion of three thousand railroad ties of the value as alleged in the petition below, of six hundred dollars; the answer is the general denial; the trial was by jury, and a verdict rendered for the plaintiff below, for five hundred and forty-two dollars and fifty cents, interest included. Under the instruction of the court, I now read its opinion, having prepared it upon a scrupulous examination of the bill of exceptions, of which the exceptions and the matters on which they rest cover over seventy pages.

The first exception is to…

2Cited by5 opinions

  1. Hall Oil Co. v. BarquinWyoming Supreme Court · 1925
  2. Marshall v. RuggWyoming Supreme Court · 1896
  3. Cronberg Bros. v. JohnsonWyoming Supreme Court · 1922
  4. Fein v. DavisWyoming Supreme Court · 1879
  5. Fein v. TonnWyoming Supreme Court · 1879

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