Legal Opinion

Holmberg v. Dean

Supreme Court of Arkansas

Decided July 15, 1878PublishedCited by 14 opinions

Error from McPherson District Court. Replevin, brought by Leonard N. Holmberg, as the assignee of S.' P. Lindgren, against Jerry R. Dean, to recover a stock of merchandise by Lindgren assigned to Holmberg for the benefit of his creditors. At the September Term, 1875, of the district court, Gates & Kendall, Tootle & Hanna, R. L. Hawkins & Co., and F. M. James & Son, were, made parties defendant in the above action.

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Error from McPherson District Court. Replevin, brought by Leonard N. Holmberg, as the assignee of S.' P. Lindgren, against Jerry R. Dean, to recover a stock of merchandise by Lindgren assigned to Holmberg for the benefit of his creditors. At the September Term, 1875, of the district court, Gates & Kendall, Tootle & Hanna, R. L. Hawkins & Co., and F. M. James & Son, were, made parties defendant in the above action. Trial at said term on the petition, and the general denial of defendants. "Verdict and judgment for defendants. Holmberg moved for a new'trial, which was refused, and he brings the…

1Opinion of the Court

The opinion of the court was delivered by

Horton, C. J.:

^o^theacucm; maybeBhown This was an action to recover the possession of certain goods alleged to be the property of the plaintiff, as assignee of S. P. Lindgren, under the provisions of the act regulating voluntary assignments for the benefit of creditors, approved March 3d, 1868, and alleged to have been wrongfully taken and detained by the defendant in error, J. R. Dean. The answer consisted of a general denial. On the trial the defendants introduced evidence that the goods were the property of Lindgren; that they had been seized under…

2Cases cited5 opinions

  1. Wilson v. FullerSupreme Court of Kansas · 1872
  2. Angell v. RosenburyMichigan Supreme Court · 1864
  3. Town of Leroy v. McConnellSupreme Court of Kansas · 1871
  4. Yandle v. CraneSupreme Court of Kansas · 1874
  5. Bailey v. BayneSupreme Court of Kansas · 1878

3Cited by14 opinions

  1. Rodgers v. CrumSupreme Court of Kansas · 1950
  2. First Nat. Bank of Lawton v. ThompsonSupreme Court of Oklahoma · 1913
  3. Robinson & Co. v. StinerSupreme Court of Oklahoma · 1910
  4. Oester v. SitlingtonSupreme Court of Missouri · 1893
  5. National Council, Knights & Ladies of Security v. OwenSupreme Court of Oklahoma · 1915

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