Davis v. First National Bank
Court Of Appeals Of Indian Territory
Appeal from the United States Court for the Western District of the Indian Territory; before Justice Chas. W. Raymond, February 12, 1904. Replevin by Alice B. Davis against the First National Bank of Wewoka, Ind. T. From a judgment in favor of defendant, plaintiff appeals.
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Appeal from the United States Court for the Western District of the Indian Territory; before Justice Chas. W. Raymond, February 12, 1904. Replevin by Alice B. Davis against the First National Bank of Wewoka, Ind. T. From a judgment in favor of defendant, plaintiff appeals. On July 10, 1903, the plaintiff filed her complaint at law against the defendant, and alleged that she is the owner and entitled to the possession of one new, two-horse Springfield wagon of the value of $75, and one set of leather double harness of the value of $30, of which defendant has possession without right, and has…
1Opinion of the CourtTownsend, J.
(after stating the facts). The appellant has filed four specifications of error, as follows: “(1) The court erred in permitting to be read in evidence, over plaintiff’s objection, the affidavit of George Cloud, dated September 7, 1903. (2) The court erred in permitting to be read in evidence, over the objection of plaintiff, the letter, of date March 6, 1903, addressed to Mrs. A. B. Davis, and purporting to be signed by George Cloud. (3) The court, as part of its instructions to the jury (which are set out in full in the Record, 9), over objection of plaintiff, said: ‘However, if a trade was…
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