Holliday v. McKinne
Supreme Court of Florida
Appeal from the Circuit Court for Jackson County. This was an action in repleven, commenced in January, 1884, in Jackson county, by John H. McKinne, the plaintiff below, against Thomas Holliday, the appellant and defendant, for a lot of corn, fat hogs, a yoke of oxen and two wagons.
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Appeal from the Circuit Court for Jackson County. This was an action in repleven, commenced in January, 1884, in Jackson county, by John H. McKinne, the plaintiff below, against Thomas Holliday, the appellant and defendant, for a lot of corn, fat hogs, a yoke of oxen and two wagons. The declaration alleges that the value of such property was five hundred dollars, and claims “ a return of said property, or its value, and the sum of five hundred dollars for its detention as damages for the wrongful taking and detention of the same.” Defendant gave the necessary bond and retained possession of…
1Opinion of the CourtJustice VanValkenburgh
The first error alleged is that the court erred in stricking out the first, third, fourth and fifth pleas on the plain*158tiff’s motion. The first plea was a disclaimer of possession of the property, and a denial of any interest in the same, except as an heir at law of one E. K. Holliday, deceased, to whose estate the property belonged. The second plea was the general issue. Third, that he held the property claimed as administrator of the estate of E. K. Holliday, deceased. Fourth, general issue as the administrator of such estate. Fifth, that the property was never the property of plaintiff, but…
2Cases cited14 opinions
- Holcomb v. . HolcombNew York Court of Appeals · 1884
- Patterson v. United StatesSupreme Court of the United States · 1817
- Gibson v. LoveSupreme Court of Florida · 1851
- Buehler v. GloningerSupreme Court of Pennsylvania · 1834
- Ridenour v. BeekmanIndiana Supreme Court · 1879
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3Cited by37 opinions
- Barnett's Administrator v. BrandCourt of Appeals of Kentucky · 1915
- Hull v. BurrSupreme Court of Florida · 1909
- Summerville v. Stockton Milling Co.California Supreme Court · 1904
- Richbourg v. RoseSupreme Court of Florida · 1907
- Kroh v. HeinsNebraska Supreme Court · 1896
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