Legal Opinion

Kroetch v. Empire Mill Co.

Idaho Supreme Court

Decided December 16, 1903PublishedCited by 31 opinions

APPEAL from District Court of Kootenai County. Honorable R. T. Morgan, Judge. Action for conversion. Judgment of nonsuit was entered from which plaintiffs appealed.

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APPEAL from District Court of Kootenai County. Honorable R. T. Morgan, Judge. Action for conversion. Judgment of nonsuit was entered from which plaintiffs appealed. The first reason alleged by appellants in support of their contention that the motion for nonsuit should have been overruled is to the effect that sufficient evidence had been introduced in favor of appellants to make out a prima, facie case, and that the whole case should have been submitted to the jury, and that they would have been entitled to a verdict in the absence of counter-evidence in behalf of the respondents.…

1Opinion of the CourtAilshie, J.

This action was commenced by the plaintiffs against defendants charging them with the conversion of one hundred and sixty-nine thousand fence posts, thirty-five boom poles, and some rope belonging to plaintiffs, and praying judgment for the value thereof. The defendants answered and denied the allegations of the complaint and the defendant, Empire Mill Company, alleged that it was the owner of the boom poles and one hundred and fifty thousand of the fence posts, and charges that the plaintiff, L. S. Kroetch, procured a bill of , sale of and for said property from one John W. Allen in fraud of…

2Cases cited3 opinions

  1. State v. ShuffIdaho Supreme Court · 1903
  2. Idaho Mercantile Co. v. KalanquinIdaho Supreme Court · 1900
  3. Kansteiner v. ClyneIdaho Supreme Court · 1896

3Cited by31 opinions

  1. Tommerup v. Albertson's, Inc.Idaho Supreme Court · 1980
  2. Rankin v. CaldwellIdaho Supreme Court · 1908
  3. Stearns Ex Rel. Stearns v. GravesIdaho Supreme Court · 1941
  4. Evans v. DavidsonIdaho Supreme Court · 1938
  5. Del Rojas v. Lindsay Manufacturing Co.Idaho Supreme Court · 1985

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