Casey v. Williams

OPINION

By the Court,

Mowbray, J.:

The plaintiffs-respondents, James A. and Ellen C. Williams, commenced this action in the district court to recover damages from the defendants-appellants for the conversion of approximately 40 horses owned by the Williamses. The district court sitting without a jury found in favor of the Williamses and awarded them a judgment in the sum of $6,634 plus $2,000 attorney’s fees and $765.75 for costs incurred.

1. The Facts.

The Williamses had leased from appellant Casey the Smoke Creek Ranch for a 5-year period ending September 15, 1968. Just prior to termination of…