Smith v. Neeley
Court Of Appeals Of Indian Territory
Appeal from the United States Court for the Northern District. W. M. Springer, Judge. Replevin by A. D. Neeley against F. M. Smith. Judgment of the district court sustaining a judgment of the commissioner in favor of plaintiff. Defendant appeals.
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Appeal from the United States Court for the Northern District. W. M. Springer, Judge. Replevin by A. D. Neeley against F. M. Smith. Judgment of the district court sustaining a judgment of the commissioner in favor of plaintiff. Defendant appeals. On the 7th day of June, 1895, affidavit in replevin was filed before Robert L. McClure, United States commissioner for the Northern district of the Indian Territory, at Yinita, by the plaintiff below, the appellee here, against the defendant below, the appellant here. In said affidavit plaintiff alleged that he was the owner and entitled to the…
1Opinion of the CourtTownsend, J.
The appellant has filed eight specifications of error, as follows; ‘‘The court below erred: (1) In its answer to the following request for a special finding: ‘What was the defendant’s relation to said note and mortgage, and for whom and in what capacity did he act?’ — said special finding being as follows: ‘When the note was made the defendant acted for himself and his wife, or in the name of his wife. Afterwards, prior to maturity of the note, defendant and his wife endorsed it in blank, and defendant testified that he sold it to Mrs. M. E Dupree. He acted for himself, to protect himself as…
2Cases cited14 opinions
- Stillman v. . NorthrupNew York Court of Appeals · 1888
- Nichols v. FearsonSupreme Court of the United States · 1833
- Thurston v. . CornellNew York Court of Appeals · 1868
- Call v. PalmerSupreme Court of the United States · 1885
- Morris v. School District No. 86Supreme Court of Arkansas · 1896
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3Cited by3 opinions
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