Legal Opinion

McCrea v. McCrew

Idaho Supreme Court

Decided December 31, 1903PublishedCited by 8 opinions

APPEAL from District Court of Latah County. Honorable Edgar C. Steele, Judge. Action to recover for the conversion of certain wheat. Judgment for the plaintiffs. cite no authorities on the points decided by the court. In this action respondents have filed motions to dismiss the appeals both from the judgment and from the order denying a new trial and based upon the several grounds designated in the motion.

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APPEAL from District Court of Latah County. Honorable Edgar C. Steele, Judge. Action to recover for the conversion of certain wheat. Judgment for the plaintiffs. cite no authorities on the points decided by the court. In this action respondents have filed motions to dismiss the appeals both from the judgment and from the order denying a new trial and based upon the several grounds designated in the motion. We will first consider the motion to dismiss the appeal from the judgment, which we contend is well taken, should and will be sustained by this honorable court. Subdivision 1, section 4807,…

1Opinion of the CourtSullivan, C. J.

This action was brought by respondents as plaintiffs against the appellants as defendants, to recover the *383sum. of $500 damages for the conversion ■ of one thousand and sixty-seven bushels of wheat alleged to belong to respondents'. The complaint contains the proper allegations of copartnership of both the respondents and appellants, which allegations were admitted by the defendants.

It is alleged that during the month of September, 1900, one Peter Thompson delivered to the defendants one thousand and. sixty-seven bushels of wheat, which allegation is admitted by the defendants’ answer. ■…

2Cases cited4 opinions

  1. Page v. FowlerCalifornia Supreme Court · 1870
  2. Mashburn & Co. v. Dannenberg Co.Supreme Court of Georgia · 1903
  3. Marchand v. RonaghanIdaho Supreme Court · 1903
  4. Fish v. NethercuttWashington Supreme Court · 1896

3Cited by8 opinions

  1. Farmers' Co-Operative Ditch Co. v. Riverside Irrigation District, Ltd.Idaho Supreme Court · 1909
  2. Spongberg v. First National BankIdaho Supreme Court · 1909
  3. Smith v. American Falls Canal & Power Co.Idaho Supreme Court · 1908
  4. Commercial Trust Co. v. Idaho Brick Co.Idaho Supreme Court · 1913
  5. Leggett v. EvansIdaho Supreme Court · 1909

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