Nebeker v. Harvey
Utah Supreme Court
Appeal from the Third District Court, Salt Lake County, Hon. A. N. Cherry, Judge. Action in replevin for certain cattle or their value, the complaint alleges that defendants wrongfully and unlawfully took the cattle from the possession of plaintiffs in Salt Lake City and County, and that after demand had been made, they unlawfully withheld such possession from the plaintiffs. From a judgment for plaintiffs, defendants appealed.
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Appeal from the Third District Court, Salt Lake County, Hon. A. N. Cherry, Judge. Action in replevin for certain cattle or their value, the complaint alleges that defendants wrongfully and unlawfully took the cattle from the possession of plaintiffs in Salt Lake City and County, and that after demand had been made, they unlawfully withheld such possession from the plaintiffs. From a judgment for plaintiffs, defendants appealed. Replevin in the cepit can not be maintained against any person who came lawfully into possession. A. and E. Ency. Láw, Yol. 20., pp. 1060, 1061; Simmons v. Jenkins, 75…
1Opinion of the Court 1
After stating the facts as above,
2Opinion of the Court · BartchBartch, C. J.
The first question presented is one of jurisdiction. The appellants insist that the action was brought in the wrong county, and that therefore the court had no jurisdiction to try the cause. This question was raised for the first time on motion for a new trial, there having occurred no con*371tention respecting it during the trial. The action is re-plevin, and it is alleged in the complaint that, on the 12th of November the cattle were wrongfully taken in Salt Lake City and County;- that on the same day demand was made for them; and that possession thereof was…
Also in this document: Concurrence.
3Cases cited11 opinions
- Conaughty v. . NicholsNew York Court of Appeals · 1870
- Hale v. . Omaha National BankNew York Court of Appeals · 1872
- McAllister v. KuhnSupreme Court of the United States · 1878
- Lowe v. Salt Lake CityUtah Supreme Court · 1896
- Pool v. Southern Pacific Co.Utah Supreme Court · 1899
6 more not listed; retrieve them via the Exa API.
4Cited by10 opinions
- State v. KingUtah Supreme Court · 1902
- Farnsworth v. Union Pac. Coal Co.Utah Supreme Court · 1907
- Hansen v. Oregon Short Line R.Utah Supreme Court · 1920
- Beaman v. Martha Washington Mining Co.Utah Supreme Court · 1901
- Palmquist v. Mine & Smelter Supply Co.Utah Supreme Court · 1902
5 more not listed; retrieve them via the Exa API.