Legal Opinion

Thomas v. Mann

Wyoming Supreme Court

Decided November 3, 1913No. 730PublishedCited by 5 opinions

Error to the District Court, Sweetwater County; Hon. David H. Craig, Judge. The action was brought by Ed. Thomas against John R. Mann to recover the possession of certain sheep. The issues and facts are stated in the opinion. There is no evidence in the record that the alleged contract for the lease of the sheep to Mann was signed by Emily Roman or by any person having authority to represent her.

Read the full summary

Error to the District Court, Sweetwater County; Hon. David H. Craig, Judge. The action was brought by Ed. Thomas against John R. Mann to recover the possession of certain sheep. The issues and facts are stated in the opinion. There is no evidence in the record that the alleged contract for the lease of the sheep to Mann was signed by Emily Roman or by any person having authority to represent her. The trial court overlooked the fact that the burden was upon defendant in error to establish his lien in order to establish his right of possession, and there was not sufficient evidence upon which…

1Opinion of the Court

Beakd, Justice.

This is an action brought by the plaintiff in error, Thomas, against the defendant in error, Mann, in the District Court of Sweetwater county, to recover the possession of certain sheep. There was a trial to the court resulting in a judgment in favor of the defendant and against the plaintiff and the sureties on the replevin bond for $800 and costs. Plaintiff brings error.

It is alleged, in substance, in the petition, that in the lifetime of one Evi Roman, he and plaintiff were co-partners in the ownership of said sheep. That Roman died in June, 1909. That at the time of his…

Also in this document: Concurrence.

2Cases cited7 opinions

  1. Howes v. NewcombMassachusetts Supreme Judicial Court · 1888
  2. Bredow v. Mutual Savings InstitutionSupreme Court of Missouri · 1859
  3. Smith v. WoodCourt of Appeals of Maryland · 1869
  4. Hargadine v. GibbonsSupreme Court of Missouri · 1893
  5. Shields v. FullerWisconsin Supreme Court · 1856

2 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. State Bank of Wheatland v. Bagley Bros.Wyoming Supreme Court · 1932
  2. John C. McTiernan, Bear Claw Cattle Company, and Gail Sistrunk v. James L. JellisWyoming Supreme Court · 2013
  3. El Paso Cattle Loan Co. of El Paso v. HuntNew Mexico Supreme Court · 1924
  4. Reynolds ex rel. Jones v. WeaklyAppellate Court of Illinois · 1938
  5. Mead v. BockornyNorth Dakota Supreme Court · 1922

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API