Mills Novelty Co. v. Dunbar
Idaho Supreme Court
APPEAL from District Court of Ada County. Honorable George H. Stewart, Judge. Action in replevin to recover certain gambling devices known as slot machines. Judgment for defendant. The facts are stated in the opinion. There is in the answer an attempted denial of the ownership of the property in the plaintiff, but the court will notice that the attempted denial is in the language of the complaint itself, which is no denial whatever.
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APPEAL from District Court of Ada County. Honorable George H. Stewart, Judge. Action in replevin to recover certain gambling devices known as slot machines. Judgment for defendant. The facts are stated in the opinion. There is in the answer an attempted denial of the ownership of the property in the plaintiff, but the court will notice that the attempted denial is in the language of the complaint itself, which is no denial whatever. (Richardson v. Smith, 29 Cal. 529; Doll v. Good, 38 Cal. 287; Power v. Gum, 6 Mont. 9, 9 Pae. 575.) In an action of this kind, where the defendant attempts to…
1Opinion of the CourtSulliyan, J.
— This is an action in replevin to recover nine slot machines alleged to be of the value of $325. The plaintiff is an Illinois corporation, and alleges in its complaint that the defendant on the twenty-second day of October, 1904, at Boise City, and without plaintiff’s consent, and wrongfully, took said slot machines from the possession of the plaintiff; that upon demand the defendant refused to deliver the same to the plaintiff. Judgment is demanded for the recovery of said chattels or for their value in case delivery cannot be had, together with $25 damages and costs of suit. The amended…
2Cases cited5 opinions
- Walling v. BownIdaho Supreme Court · 1903
- State v. MulkeyIdaho Supreme Court · 1899
- State v. RidenbaughIdaho Supreme Court · 1897
- Inland Lumber & Timber Co. v. ThompsonIdaho Supreme Court · 1905
- In re INMANIdaho Supreme Court · 1902
3Cited by18 opinions
- J. B. Mullen & Co. v. MoseleyIdaho Supreme Court · 1907
- In Re Contempt Proceedings of BrainardIdaho Supreme Court · 1934
- Davenport v. BurkeIdaho Supreme Court · 1915
- City of Idaho Falls v. PfostIdaho Supreme Court · 1933
- Idaho Placer Mining Co. v. GreenIdaho Supreme Court · 1908
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