Griswold v. Boley
Montana Supreme Court
Appeal from the First District, Jefferson County. This action was tried in November, 1870, in the district court, Symes, J., by a jury that found for Griswold. In October 1871, the court, Murphy, J., overruled the motion for a new trial, and Boley appealed. The facts appear in the opinion. No special damages are claimed in the complaint. Boley, as sheriff, levied on the property by virtue of an execution in favor of Hall and Miller.
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Appeal from the First District, Jefferson County. This action was tried in November, 1870, in the district court, Symes, J., by a jury that found for Griswold. In October 1871, the court, Murphy, J., overruled the motion for a new trial, and Boley appealed. The facts appear in the opinion. No special damages are claimed in the complaint. Boley, as sheriff, levied on the property by virtue of an execution in favor of Hall and Miller. There is no evidence that Hall or Miller participated in or directed the levy or sale. 2 Estee’s PL 208, §§ 74, 79, and cases cited. This fact must be proven. It…
1Opinion of the CourtWade, C. J.
This is an action to recover possession of seventy-one head of cattle, alleged to be the property of *550.plaintiff, and wrongfully taken and detained by defendants. It is an ordinary action of claim and delivery of personal property, and by the record it appears, that on the 1st day of July, 1870, the defendant E. M. Boiey, as sheriff’of Jefferson county, seized the property in question as the property of Cornelius Griswold, by virtue of a writ of attachment duly issued in a suit wherein L. C. Miller and S. M. Hall were plaintiffs, and William Berkins, George Cleveland, Cornelius Griswold and…
2Cases cited4 opinions
- Hicks v. ColemanCalifornia Supreme Court · 1864
- The Bank of the United States v. Elizabeth LeeSupreme Court of the United States · 1839
- Morrison v. WilsonCalifornia Supreme Court · 1859
- Barrett v. TewksburyCalifornia Supreme Court · 1860
3Cited by16 opinions
- Finch v. KentMontana Supreme Court · 1900
- Raymond v. ThextonMontana Supreme Court · 1888
- Kleinschmidt v. McDermottMontana Supreme Court · 1892
- Chan v. SlaterMontana Supreme Court · 1905
- Fant v. TandyMontana Supreme Court · 1888
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