Legal Opinion

Daniels v. Mansbridge

Court Of Appeals Of Indian Territory

Decided September 25, 1902PublishedCited by 3 opinions

Appeal from the United States Court for the Northern District. Joseph A. Gill, Judge. Action by Frank Daniels against J. W. Mansbridge and others. Judgment for defendants. Plaintiff appeals.

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Appeal from the United States Court for the Northern District. Joseph A. Gill, Judge. Action by Frank Daniels against J. W. Mansbridge and others. Judgment for defendants. Plaintiff appeals. On September 17, 1900, this action was instituted by the plaintiff, appellant here, against the defendants, appelees here, by filing his complaint at law, in which he alleged that on September 16, 1899, the defendants J. W. Mansbridge and J. P. Greenwood, by an order of delivery, unlawfully, willfully, and wrongfully took from the possession of the plaintiff personal property of the value of $1,167, and…

1Opinion of the CourtTownsend, J.

The appellant has filed two assignments of error, as follows: “Assignment of Errors. The court erred in sustaining the demurrer to the complaint, because: First ,the same did state facts sufficient to constitute a cause of action against defendants, and each of them; or, if the sureties on the replevin bond should be held not liable, then, second, the original plaintiffs in the replevin action upon which this action was based are still liable to appellant for damage arising from the unlawful detention of the property, and appellant may treat the same either as a statutory bond, or as a…

2Cases cited3 opinions

  1. Sweeney v. LommeSupreme Court of the United States · 1874
  2. Stevens v. TuiteMassachusetts Supreme Judicial Court · 1870
  3. Kapischke v. KochAppellate Court of Illinois · 1898

3Cited by3 opinions

  1. Jackson v. MorganIndiana Supreme Court · 1906
  2. Peacock v. KirklandOregon Supreme Court · 1915
  3. Quinlan v. JonesWyoming Supreme Court · 1921

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