Tannahill v. Lydon
Idaho Supreme Court
APPEAL from tbe District Court of tbe Tenth Judicial District, for Nez Perce County. Hon. Wallace N. Scales, Judge. Action in claim and delivery.
Read the full summary
APPEAL from tbe District Court of tbe Tenth Judicial District, for Nez Perce County. Hon. Wallace N. Scales, Judge. Action in claim and delivery. “A charge that the measure -of damages is ‘the value of the use or hire of the property while in the possession of the defendant, from the time of the demand’ is prejudicial to the defendant when unaccompanied by considerations of whether the property could have been constantly employed by plaintiff at a given rate of earnings, either letting for hire or by employment at home.” (Brunell v. Cook, 13 Mont. 497, 34 Pac. 10Í5.) The verdict in this case…
1Opinion of the CourtBudge, C. J.
Since this appeal was taken the respondent, George W. Tannahill, has died, and his wife, Anna Tannahill, has been appointed the administratrix of his estate. A stipulation was filed in this court that the administratrix be substituted for and in place of respondent, George W. Tannahill, and an order of substitution has been made in accordance therewith. '
This is an action in claim and delivery to recover the possession of a mare, or for her value in ease recovery could not be had, and for damages for her detention. The appellant, as sheriff of Nez Perce county, took possession of the mare and…
2Cases cited12 opinions
- Morris v. AllenCalifornia Court of Appeal · 1911
- Hynes v. BarnesMontana Supreme Court · 1904
- Cunningham v. StonerIdaho Supreme Court · 1904
- Yandle v. KingsburySupreme Court of Kansas · 1876
- Johnson v. FraserIdaho Supreme Court · 1888
7 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Boomer v. IsleyIdaho Supreme Court · 1930
- First National Bank v. PerrineMontana Supreme Court · 1934
- Preston A. Blair Co. v. RoseIdaho Supreme Court · 1935
- Wickahoney Sheep Co. v. SewellCourt of Appeals for the Ninth Circuit · 1959
- Dolinsky v. WilliamsUtah Supreme Court · 1920
1 more not listed; retrieve them via the Exa API.