Blackfoot Stock Co. v. Delamue
Idaho Supreme Court
APPEAL from District Court, Bingham County. In actions of replevin, a counterclaim cannot be pleaded by defendant or considered by the court. (Lovensohn v. Ward, 45 Cal. 8; Dole v. McGraw, 71 Mich. 106, 38 N. W. 686; Fair-man v. Fluck, 5 Watts, 516; Stow v. Tarwood, 14 111. 424; Keaggy v. Hite, 12 111. 101.) The counterclaim must have existed at the commencement of the action.
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APPEAL from District Court, Bingham County. In actions of replevin, a counterclaim cannot be pleaded by defendant or considered by the court. (Lovensohn v. Ward, 45 Cal. 8; Dole v. McGraw, 71 Mich. 106, 38 N. W. 686; Fair-man v. Fluck, 5 Watts, 516; Stow v. Tarwood, 14 111. 424; Keaggy v. Hite, 12 111. 101.) The counterclaim must have existed at the commencement of the action. (Gannon v. Dougherty, 41 Cal. 661; Jeffreys v. Hancock, 57 Cal. 646; Jjyon v. Petty, 65 Cal. 323, 4 Pac. 103.) The provision in action for claim and delivery for alternative judgment, for return or value, is made for…
1Opinion of the CourtHuston, J.
On the tenth day of November, 1889, the plaintiff entered into a contract in writing with defendant, by which the plaintiff agreed to and did deliver to defendant the possession of a certain number of cattle, which, by said eoniraet, defendant was to keep and care for until after April 1, 1890, at a price per head, stipulated in said contract. On the twenty-eighth day of July, 1890, a portion of said cattle still being in the possession of defendant, plaintiff brought its action of claim and delivery to recover the possession thereof from defendant. The complaint is in the usual form of…
Also in this document: Concurrence.
2Cases cited4 opinions
- Boutell v. WarneSupreme Court of Missouri · 1876
- Hickman v. DillMissouri Court of Appeals · 1888
- Warner v. HuntWisconsin Supreme Court · 1872
- Barney v. BrannanSupreme Court of Connecticut · 1883
3Cited by8 opinions
- Boomer v. IsleyIdaho Supreme Court · 1930
- Judd v. Oregon Short Line R. R. Co.Idaho Supreme Court · 1935
- Knollin v. JonesIdaho Supreme Court · 1900
- Thiessen v. RiggsIdaho Supreme Court · 1896
- Campbell v. First National BankIdaho Supreme Court · 1907
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