Legal Opinion

Flanigan v. Pomeroy

Supreme Court of Minnesota

Decided January 17, 1902No. Nos. 12,821-(165)PublishedCited by 6 opinions

Action in the municipal court of St. Paul to recover possession of a horse, or $500 in case return thereof could not be had. The case was tried before Orr, J., who found in favor of defendant. From an order denying a motion for a new trial, plaintiff appealed.

1Opinion of the CourtLovely, J.

Action in claim and delivery to recover possession of a valuable horse, the ownership of which is asserted by plaintiff against subsequent purchasers from the first owner. There were two alleged sales of the animal within twenty-four hours, — the first to plaintiff, the second to Carlos Boynton and J. E. Neff. The defendant, a liveryman, is in the case merely as a bailee of the latter parties, under whom he justified his possession. The real contest is, which of the two sales conveyed the ultimate title to the property in question? The case was tried to the court, who made findings of fact in…

2Cases cited8 opinions

  1. Stephens v. GiffordSupreme Court of Pennsylvania · 1890
  2. Reed v. EamesIllinois Supreme Court · 1858
  3. Ticknor v. McClellandIllinois Supreme Court · 1877
  4. Norton v. DoolittleSupreme Court of Connecticut · 1865
  5. Weeks v. PrescottSupreme Court of Vermont · 1880

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3Cited by6 opinions

  1. Patterson Co. v. Peoples Loan & Savings Co.Supreme Court of Georgia · 1924
  2. Central Pasto Viejo, Inc. v. PérezSupreme Court of Puerto Rico · 1933
  3. Wilson v. WalrathSupreme Court of Minnesota · 1908
  4. A. J. Whitman & Co. v. MielkeSupreme Court of Minnesota · 1918
  5. Andrews v. WicklundSupreme Court of Minnesota · 1940

1 more not listed; retrieve them via the Exa API.

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