Hepworth v. Gardner
Utah Supreme Court
Appeal from a judgment of tbe district court of tbe third district. Tbe sections of tbe Code of Civil Procedure bearing on tbe question are as follows: “Section 904. Costs are allowed of course to tbe plaintiff, upon a judgment in bis favor in tbe following cases: * * * * * * “2. In an action to recover tbe possession of personal property when tbe value of the property amounts to one hundred dollars or over, such value shall be determined by tbe jury, court or referee, by…
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Appeal from a judgment of tbe district court of tbe third district. Tbe sections of tbe Code of Civil Procedure bearing on tbe question are as follows: “Section 904. Costs are allowed of course to tbe plaintiff, upon a judgment in bis favor in tbe following cases: * * * * * * “2. In an action to recover tbe possession of personal property when tbe value of the property amounts to one hundred dollars or over, such value shall be determined by tbe jury, court or referee, by whom the action is tried. “3. In an action for the recovery of money or damages, where plaintiff recovers one hundred…
1Opinion of the Court
Boreman, J.:
The respondents (Hepworth, et al.) sued the appellants (Gardner, et al.) for the possession of 25 sheep, claiming ownership thereof, and alleging their value to be $115, and the damage for their detention to be $100. The appellant filed answer, the case was tried with a jury, and judgment .entered for respondents. Thereupon appellants bring the case to this court.
*442The judgment was tbat respondents were tbe owners, and entitled to tbe possession, of three head of sheep, and that defendants (appellants) should deliver same to respondents, and, in case the delivery thereof could not…
2Cases cited2 opinions
- National Bank v. County of YanktonSupreme Court of the United States · 1880
- Billings v. SegarMassachusetts Supreme Judicial Court · 1814
3Cited by3 opinions
- Cain v. FrenchCalifornia Court of Appeal · 1916
- Dudley v. FacerUtah Supreme Court · 1893
- Pacific Bond and Mortgage Co. v. Beaver CountyUtah Supreme Court · 1939