Blish v. McCornick
Utah Supreme Court
Appeal from the Second district court, Territory of Utah. Hon. G-. W. Bartch, Judge. Action of replevin by Helen I. Blish and others against W. S. McCornick and others. From a judgment for defendants plaintiffs appeal. This is an action of replevin commenced March 16, 1895, in the district court of the Second judicial district of the territory of Utah, in Beaver county.
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Appeal from the Second district court, Territory of Utah. Hon. G-. W. Bartch, Judge. Action of replevin by Helen I. Blish and others against W. S. McCornick and others. From a judgment for defendants plaintiffs appeal. This is an action of replevin commenced March 16, 1895, in the district court of the Second judicial district of the territory of Utah, in Beaver county. The complaint alleges the ownership in the plaintiffs of 104 head of cattle described, of the value of $2,000, and the unlawful conversion and detention of the same by the defendants, to the plaintiff’s damage in the sum of…
1Opinion of the Court
HaRt, D. J.
(after stating the facts):
Appellants urge as one of their objections to the decision that a fatal variance and contradiction exist between the first and sixth findings and between the second and part of the seventh findings of fact. The first finding is, substantially, that the plaintiffs were not at any time or at all the owners or entitled to the possession of the property mentioned and described in plaintiff’s complaint, consisting of 1 two year old bull, 7 two year old steers, 11 cows, 4 calves, 1 yearling heifer, 76 three and four year old steers, 2 cows, and 2 three year old…
2Cases cited4 opinions
- Jones v. ClarkCalifornia Supreme Court · 1871
- Turner v. . JaycoxNew York Court of Appeals · 1869
- Berkshire Woolen Company v. . JuillardNew York Court of Appeals · 1879
- Butler v. BeechCalifornia Supreme Court · 1880
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