Larsen v. Roberts
Idaho Supreme Court
APPEAL from the District Court of the Third Judicial District, for Ada County. Hon. Charles P. McCarthy, Judge. Action in claim and delivery. Judgment for defendant. The appellant never parted with title to the property, and when demand was made on the sheriff for the return of the property by said appellant, the sheriff should have delivered immediate possession of said property to the appellant.
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APPEAL from the District Court of the Third Judicial District, for Ada County. Hon. Charles P. McCarthy, Judge. Action in claim and delivery. Judgment for defendant. The appellant never parted with title to the property, and when demand was made on the sheriff for the return of the property by said appellant, the sheriff should have delivered immediate possession of said property to the appellant. (Kellogg• v. Bun', 126 Cal. 38, 58 Pac. 306; Rodgers v. Bach-man, 109 Cal. 552, 42 Pac. 448; Harkness v. Russell, 118 U. S. 663, 7 Sup. Ct. 51, 30 L. ed. 285, see, also, Rose’s U. S. Notes.) When a…
1Opinion
ON REHEARING.
RICE, J.
When the original opinion was written in this ease, the decision in Idaho Placer Min. Co. v. Green, 14 Ida. 249, 93 Pac. 954, escaped the court’s attention. In that case it was held that under a general denial the defendant in an action in claim and delivery might introduce any evidence which tended to dispute or rebut the plaintiff’s claim of right to possession; also that a specific denial of all the allegations of the complaint had the same effect, so far as the issues were concerned, as a general denial. We have no intention of overruling that case, and therefore…
Also in this document: Concurrence.
2Cases cited8 opinions
- Old Settlers Investment Co. v. WhiteCalifornia Supreme Court · 1910
- Hollenbach v. SchnabelCalifornia Supreme Court · 1894
- Wyatt v. FreemanSupreme Court of Colorado · 1877
- Dewey v. Schreiber Implement Co.Idaho Supreme Court · 1906
- Gidday v. WitherspoonMichigan Supreme Court · 1877
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