Legal Opinion

Maher v. Swift

Nevada Supreme Court

Decided July 15, 1879No. 949PublishedCited by 7 opinions

Appeal from tlie District Court of the Second Judicial District, Ormsby County. The facts are sufficiently stated in the opinion. I. The court erred in excluding defendant’s questions to the witnesses Bovard, Stadtmnllev, Hoover and others, to the effect that Bovard claimed the property as his own. II. The court erred in excluding the sworn complaint of the witness Bovard against S. T. Swift, defendant, for a portion of the property in controversy.

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Appeal from tlie District Court of the Second Judicial District, Ormsby County. The facts are sufficiently stated in the opinion. I. The court erred in excluding defendant’s questions to the witnesses Bovard, Stadtmnllev, Hoover and others, to the effect that Bovard claimed the property as his own. II. The court erred in excluding the sworn complaint of the witness Bovard against S. T. Swift, defendant, for a portion of the property in controversy. (Gallagher v. Williamson, 23 Cal. 331; 12 Nev. 38; 7 Cal. 391; 8 Id. 109; 12 Pick. 89 and 306.) III. The court erred in excluding the following…

1Opinion of the Court

By the Court,

Hawley, J.:

This action was brought to recover twenty-six animals (horses and mules), seven wood wagons, and other personal property connected therewith, or the value thereof.

*326The defendant, Swift, in his official capacity as sheriff of Orrnsby county, levied upon, took possession of, and sold the property by virtue of a writ of execution in favor of George S, Elder, in the suit of C. M. Bovard v. George S. Elder, as the property of said Bovard.

Plaintiffs obtained judgment. Defendant appeals.

The testimony is quite voluminous, and is, in several particulars, somewhat conflicting and…

2Cases cited2 opinions

  1. Jackson v. Feather River & Gibsonville Water Co.California Supreme Court · 1859
  2. Allison v. HaganNevada Supreme Court · 1877

3Cited by7 opinions

  1. Moresi v. SwiftNevada Supreme Court · 1880
  2. Ronnow v. City of Las VegasNevada Supreme Court · 1937
  3. In re the Estate of ParrottNevada Supreme Court · 1922
  4. Dennis v. CaughlinNevada Supreme Court · 1895
  5. Leonard v. BowlerNevada Supreme Court · 1956

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