Barnett v. Kinney
Supreme Court of the United States
APPEAL PROM THE SUPREME COURT OP THE TERRITORY OP IDAHO. This was an action of "replevin commenced in the District Court of Alturas County, Territory of Idaho, on December 12, 1887, by Josiah Barnett against P. H. Kinney to recover the possession of certain goods and chattels mentioned in the complaint and for damages and costs.
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APPEAL PROM THE SUPREME COURT OP THE TERRITORY OP IDAHO. This was an action of "replevin commenced in the District Court of Alturas County, Territory of Idaho, on December 12, 1887, by Josiah Barnett against P. H. Kinney to recover the possession of certain goods and chattels mentioned in the complaint and for damages and costs. The case was submitted to the court for trial, a jury having been expressly waived, upon an agreed statement of facts, and the court made its findings of fact as follows: That on November 23, 1887, M. H. Lipman was a citizen of the United States and of the Territory…
1Opinion of the CourtChief Justice Fuller
The Supreme Court of the Territory held that a non-resident could not make an assignment, with preferences, of personal property situated in Idaho, that would be valid as against a non-resident attaching creditor, the latter being entitled to the same rights as a citizen of Idaho; that the recognition by one State of the laws of another State governing the transfer of property rested on the principle of comity, which always yielded when the policy of the State where the property was located had prescribed a different rule of transfer from that of the domicil of the owner; that this assignment…
2Cases cited8 opinions
- Cole v. CunninghamSupreme Court of the United States · 1890
- Green v. Van BuskirkSupreme Court of the United States · 1869
- Green v. Van BuskirkSupreme Court of the United States · 1867
- Jewell v. KnightSupreme Court of the United States · 1887
- Ockerman v. . CrossNew York Court of Appeals · 1873
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3Cited by18 opinions
- Bigelow v. Old Dominion Copper Mining & Smelting Co.New Jersey Court of Chancery · 1908
- Paxson v. BrownCourt of Appeals for the Eighth Circuit · 1894
- Security Trust Co. v. Dodd, Mead & Co.Supreme Court of the United States · 1899
- Memphis Sav. Bank v. HouchensCourt of Appeals for the Eighth Circuit · 1902
- Athay v. StaceyIdaho Supreme Court · 2008
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