Newman v. Kane
Nevada Supreme Court
Appeal from the District Court of the Seventh Judicial District, Lincoln County. This was an action against John Kane, sheriff of Lincoln County, and the sureties on Ms official bond, to recover two thousand dollars as the value of fifty tons of hay alleged to have been converted by the sheriff. The case was tried before a jury, which returned a verdict in favor of plaintiff for fifteen hundred dollars, and judgment was rendered accordingly.
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Appeal from the District Court of the Seventh Judicial District, Lincoln County. This was an action against John Kane, sheriff of Lincoln County, and the sureties on Ms official bond, to recover two thousand dollars as the value of fifty tons of hay alleged to have been converted by the sheriff. The case was tried before a jury, which returned a verdict in favor of plaintiff for fifteen hundred dollars, and judgment was rendered accordingly. Defendants’ motion for a new trial having been overruled, they appealed from the judgment and order. I. The hay, like other fruits of the soil, was…
1Opinion of the Court
Ily the Court,
Whitman, C. J.:
Respondent’s hay, in the field, was attached in a suit ultimately decided in his favor. Pending such decision, the sheriff baled and sold such hay for the sum of twelve hundred and seventy-five dollars; or twenty-five dollars per ton. In this action, respondent claiming such course to be unlawful, seeks to recover the market value of the hay at the date of his demand upon the officer, which was made after the determination of the original suit, and some months subsequent to the sale. The jury were instructed if they found for the respondent, to find such price,…
2Cases cited3 opinions
- Boylan v. HuguetNevada Supreme Court · 1873
- Millard's Adm'rs v. HallSupreme Court of Alabama · 1854
- Briggs v. TaylorSupreme Court of Vermont · 1862
3Cited by6 opinions
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- Watson v. SchmidtSupreme Court of Louisiana · 1931
- Browning v. River Farms Co.California Court of Appeal · 1927
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- FRANCHISE TAX BD. VS. HYATTNevada Supreme Court · 2017
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