Easterling v. Horning
Court of Appeals for the D.C. Circuit
Hearing on an appeal by the plaintiff from a judgment of the Supreme Court of the District of Columbia on a verdict directed by the court, in an action of replevin. The facts are stated in the opinion. 1. A guardian at common law had the right to sell his ward’s personal property without first obtaining an order of the court.
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Hearing on an appeal by the plaintiff from a judgment of the Supreme Court of the District of Columbia on a verdict directed by the court, in an action of replevin. The facts are stated in the opinion. 1. A guardian at common law had the right to sell his ward’s personal property without first obtaining an order of the court. Maclay v. Equitable Life Assurance Society, 152 U. S. 499. The right to sell, of course, includes the lesser right to pledge, for the same reason that the right to mortgage is included in the right to sell. Middleton v. Park, 3 App. D. C. 149. D. C. Code, sec. 1135,…
1Opinion of the Court
Mr. Justice Barnard,
of the Supreme Court of the District of Columbia, who sat with the Court, in the hearing of the case, in the place of Mr. Justice Bobb, delivered the opinion of the Court:
In this case the appellant, Edwin H. Easterling, filed a declaration in replevin in the supreme court of the District of Columbia, being number 48,754, to recover certain jewelry alleged to be the property of his ward, Beatrice Mae Lang, an infant.
The defendant, George D. Horning, pleaded “not guilty,” and the ease was tried before a jury; and at the close of the testimony the jury by direction of the…
2Cases cited6 opinions
- Lámar v. MicouSupreme Court of the United States · 1884
- MacLay v. Equitable Life Assurance SocietySupreme Court of the United States · 1894
- Washabaugh v. HallSouth Dakota Supreme Court · 1893
- Mayor of Baltimore v. NormanCourt of Appeals of Maryland · 1853
- De La Montagnie v. Union InsuranceCalifornia Supreme Court · 1871
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Hand v. Manufacturers & Traders Trust Co.Court of Appeals of Maryland · 2008
- Hand v. Manufacturers & Traders Trust Co.Court of Appeals of Maryland · 2008