Sakariason v. James
New Mexico Supreme Court
Appeal from District Court, Socorro County; Mechera, Judge. Replevin by James Sakariason against Emil James, as Sheriff of Socorro County. Judgment for defendant against plaintiff, and plaintiff appeals. STATEMENT OP PACTS.
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Appeal from District Court, Socorro County; Mechera, Judge. Replevin by James Sakariason against Emil James, as Sheriff of Socorro County. Judgment for defendant against plaintiff, and plaintiff appeals. STATEMENT OP PACTS. This is an action of replevin brought in the district court of Socorro county against Eimil J ames, a duly elected, qualified, and acting sheriff of said county, by James Sakariason, who, by his complaint, set up that he was the owner of certain sheep, described, and that the said defendant, as sheriff of said county, had wrongfully taken possession of such property under…
1Opinion of the Court
OPINION OP.THE COURT.
HANNA, C. J.
(after stating the facts as above).
[1] The motion of the defendant for a directed verdict was based on two grounds, the first being that there was no replevin affidavit, as required by section 4342 of the Code of 1915, in all actions of replevin against an officer. The statute in question requires an affidavit in addition to the affidavit ordinarily called for in replevin actions, which additional affidavit must recite that the goods and chattels were not seized under any process, execution, or attachment against the property of the plaintiff, and that the…
2Cases cited4 opinions
- Baker v. DuboisMichigan Supreme Court · 1875
- Eddy v. BealIndiana Supreme Court · 1870
- Tripp v. HoweSupreme Court of Vermont · 1873
- Smith v. EmersonIndiana Supreme Court · 1861
3Cited by1 opinion
- Sylvanus v. PruettNew Mexico Supreme Court · 1932