Folen v. Saxton
Idaho Supreme Court
APPEAL from the District Court of the Seventh Judicial District, for Canyon County. Hon. Ed. L. Bryan, Judge. Action on claim and delivery bond. Judgment for plaintiff. The amount plaintiff in claim and delivery may recover in case redelivery cannot be had is the market value of the property when the taking occurred or the wrongful detention began.
Read the full summary
APPEAL from the District Court of the Seventh Judicial District, for Canyon County. Hon. Ed. L. Bryan, Judge. Action on claim and delivery bond. Judgment for plaintiff. The amount plaintiff in claim and delivery may recover in case redelivery cannot be had is the market value of the property when the taking occurred or the wrongful detention began. (Osmers v. Furey, 32 Mont. 581, 81 Pae. 345.) The measure of damages in a suit on replevin bond is the value” of the property if it.cannot be returned. (34 Cyc. 1582; Mitclvum v. Stanton, 49 Cal. 302.) In an action of replevin, where the verdict is…
1Opinion of the CourtMorgan, J.
Most of the facts necessary to an understanding of this case will be found in Saxton v. Breshears, 21 Ida. 333, 121 Pac. 567, which was an action in claim and delivery, brought by Saxton, appellant herein, to recover possession of a quantity of hay held by the sheriff of Canyon county under foreclosure proceedings instituted by the above-named respondent upon two chattel mortgages. The judgment rendered in that action against Saxton for the return of the hay, or for the value thereof, with costs, remaining unsatisfied, respondent commenced this action against the appellants Saxton, Lang, as…
2Cases cited14 opinions
- Maier v. FreemanCalifornia Supreme Court · 1896
- Minneapolis Threshing Machine Co. v. CalhounSouth Dakota Supreme Court · 1916
- Smith v. Crawford County State BankSupreme Court of Iowa · 1894
- Capital Lumbering Co. v. LearnedOregon Supreme Court · 1899
- Smith v. ClarkSupreme Court of Iowa · 1897
9 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Yellowstone Sheep Co. v. EllisWyoming Supreme Court · 1939