United States v. Denver & Rio Grande Railroad
Supreme Court of the United States
ERROR TO THE SUPREME COURT OF THE TERRITORY OF NEW MEXICO. This was an action of trover brought by the United States against the railroad company for the value of certain logs cut upon the plaintiff’s lands. . The declai’ation averred simply that the “ defendant converted to its own use plaintiff’s goods; that is to say, logs, lumber and timbers, . . . manufactured out of trees theretofore standing and growing upon certain lands of the plaintiff,” therein described.
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ERROR TO THE SUPREME COURT OF THE TERRITORY OF NEW MEXICO. This was an action of trover brought by the United States against the railroad company for the value of certain logs cut upon the plaintiff’s lands. . The declai’ation averred simply that the “ defendant converted to its own use plaintiff’s goods; that is to say, logs, lumber and timbers, . . . manufactured out of trees theretofore standing and growing upon certain lands of the plaintiff,” therein described. The defendant pleaded not guilty, issue was joined, the case tried before a jury, which was instructed to return a verdict for…
1Opinion of the CourtJustice BbowN
As plaintiff alleged simply a conversion of logs, and defendant pleaded the general issue of not guilty, plaintiffs made a prima facie case by proving their ownership of the lands, the cutting and asportation of the timber, its value and its ’ subsequent possession by the defendant. Here they were entitled to rest, and did rest. They were under no obligation to put in the special acts of Congress, nor could defendant compel their introduction by them.
By the laws of New Mexico of 1889 certain forms of pleadings are prescribed, including forms of pleas in actions for wrongs, one of which is…
2Cases cited2 opinions
- United States v. CookSupreme Court of the United States · 1874
- Northern Pacific Railroad v. LewisSupreme Court of the United States · 1896
3Cited by66 opinions
- Urie v. ThompsonSupreme Court of the United States · 1949
- Messenger v. AndersonSupreme Court of the United States · 1912
- Hathorn v. LovornSupreme Court of the United States · 1982
- Hamilton-Brown Shoe Co. v. Wolf Brothers & Co.Supreme Court of the United States · 1916
- International Harvester Co. v. RuckelshausCourt of Appeals for the D.C. Circuit · 1973
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