Blackie v. Cooney
Nevada Supreme Court
Appeal from tbe District Court of the Second Judicial District, Washoe County. This was an action of replevin by Andrew Blackie, David Hemphill, and John G. Hemphill for seven head of oxen, alleged to be worth five hundred and seventy dollars, taken by defendant out of the possession of plaintiffs.
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Appeal from tbe District Court of the Second Judicial District, Washoe County. This was an action of replevin by Andrew Blackie, David Hemphill, and John G. Hemphill for seven head of oxen, alleged to be worth five hundred and seventy dollars, taken by defendant out of the possession of plaintiffs. Defendant was the acting constable of Washoe Township, Washoe County, and justified the taking under a writ of attachment issued by the justice of the peace of said township in a suit wherein Robert Hamilton was plaintiff and John Brown defendant, and as the property of said Brown. He also set up…
1Opinion of the Court
By the Court,
Whitman, J.:
In this action for the recovery of personal property, tried before the court, judgment was had, under the statute, for the property or its value in default of restitution; and legal interest was allowed from date of taking.
It is objected that the court erred in finding the value of the property without proof. The value was alleged in the complaint as five hundred and seventy dollars, United States gold coin, to which there was this denial on part of the defendant: “ He denies that the property in the complaint described is or was, on the said 22d day of June, 1870, of…
2Cases cited8 opinions
- Hyde v. StoneNew York Supreme Court · 1831
- Derby v. GallupSupreme Court of Minnesota · 1860
- Oviatt v. PondSupreme Court of Connecticut · 1861
- Ripley v. DavisMichigan Supreme Court · 1866
- Bissell v. HopkinsNew York Supreme Court · 1825
3 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Studebaker Bros. Co. of Utah v. WitcherNevada Supreme Court · 1921
- Vaill v. McPhailSupreme Court of Rhode Island · 1912
- Hunt v. StateNevada Supreme Court · 1976
- Long v. TigheNevada Supreme Court · 1913
- State v. MeansNevada Supreme Court · 1955