Moore v. Collins
New Mexico Supreme Court
Appeal from District Court, Chaves County; Richardson, Judge. Action in replevin by D. H. Moore against A. 0. Collins and the Roswell Hardware Company. Judgment for defendants upon a directed verdict, and plaintiff appeals. STATEMENT OP PACTS.
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Appeal from District Court, Chaves County; Richardson, Judge. Action in replevin by D. H. Moore against A. 0. Collins and the Roswell Hardware Company. Judgment for defendants upon a directed verdict, and plaintiff appeals. STATEMENT OP PACTS. This is an action in replevin, the complaint setting up that on the 14th day of April, 1916, the plaintiff was the owner of a certain spraying machine; that on or about the — day of September, 1916, the defendant A. 0. Collins', without legal right thereto, removed the said sprayer from the farm of the plaintiff and delivered the possession thereof to…
1Opinion of the Court
OPINION OP THE COURT.
HANNA, C. J.
(after stating the facts as above). It is evident that the trial court directed the verdict in this case upon the theory that upon plaintiff rested the burden of proof as to the ownership of the property in question, and that plaintiff failed to prove ownership. It was asserted by the motion of counsel .for defendants that the only evidence as to the ownership of the property in question was the bill of sale from one Hunter to the plaintiff, and the attempt.to show that Hunter owned the property by reason of an award by arbitrators selected by the said Hunter…
2Cases cited2 opinions
- Donnell v. LeeMissouri Court of Appeals · 1894
- Phelps v. DolanIllinois Supreme Court · 1874
3Cited by3 opinions
- Robinson v. Navajo Freight Lines, Inc.New Mexico Supreme Court · 1962
- Design Engineering Corporation v. JenkinsNew Mexico Supreme Court · 1964
- State ex rel. Duke City Lumber Co. v. WoodNew Mexico Supreme Court · 1970