Cowden v. Finney
Idaho Supreme Court
APPEAL from District Court in and for Canyon County. Honorable George H. Stewart, Judge. Action by plaintiff to recover the possession of a band of sheep, or in case a return thereof cannot be had, for the value thereof. From a judgment in favor of plaintiff and an order denying a motion for a new trial defendant appeals. The market value of an article is what it would bring at a fair public sale when one party wanted to sell and the other to buy. (Kansas City etc. By.
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APPEAL from District Court in and for Canyon County. Honorable George H. Stewart, Judge. Action by plaintiff to recover the possession of a band of sheep, or in case a return thereof cannot be had, for the value thereof. From a judgment in favor of plaintiff and an order denying a motion for a new trial defendant appeals. The market value of an article is what it would bring at a fair public sale when one party wanted to sell and the other to buy. (Kansas City etc. By. Co. v. Fisher, 49 Kan. 17, 30 Pac. Ill; Lawrence v. Boston, 119 Mass. 128; Chicago etc. By. Co. v. Parsons, 51 Kan. 415, 32…
1Opinion of the CourtAilshie, J.
This action was commenced by the plaintiff against the defendant as sheriff in the district court of Blaine county for the recovery of the sum of $21,474 as the value of a band of sheep which had been seized by the sheriff and for damages for the detention thereof. The defendant answered *623and admitted the seizure of tbe property, and justified the same under a chattel mortgage executed by one R. L. Shaw, alleging that due and regular affidavit and notice had been delivered to him, requiring him to seize and sell the property in payment of the mortgage debt under the provisions of the statute…
2Cited by4 opinions
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- Markham v. DavyIdaho Supreme Court · 1926
- Cowden v. MillsIdaho Supreme Court · 1904