Strauss v. Smith
New Mexico Supreme Court
Error, from a judgment for defendant for the value of the property replevied and damages for its detention, to the Fourth Judicial District Court, San Miguel County. The facts are stated in the opinion of the court. The right of the party appealing to dismiss his appeal and stop all further proceedings in the case at any time before it is submitted to the jury, which would exist independent of statute, is expressly given by the statutes of this territory. Comp.
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Error, from a judgment for defendant for the value of the property replevied and damages for its detention, to the Fourth Judicial District Court, San Miguel County. The facts are stated in the opinion of the court. The right of the party appealing to dismiss his appeal and stop all further proceedings in the case at any time before it is submitted to the jury, which would exist independent of statute, is expressly given by the statutes of this territory. Comp. Laws 1884, sec. 1858; Eden Masee Co. v. Yohe, 55 N. W. Rep. (Neb.) 866; Latham’s & Deming’s Appeals, 9 Wall. 145; Bacon v. Lawrence,…
1Opinion of the CourtBantz, J.
In August, 1891, plaintiff Strauss brought an action in replevin before a justice of the* peace to recover the possession of -a horse from the defendant Smith; at the trial before the justice the plaintiff was defeated, and appealed to the district court. In May, 1893, the case having been set for trial, Strauss asked to dismiss his 'appeal, the defendant objected and demanded a trial as to the value of the property taken by the plaintiff under the writ of replevin and for an assessment of damages for its detention; the court called a jury, the defendant produced his proofs, and the court…
2Cases cited10 opinions
- Boutell v. WarneSupreme Court of Missouri · 1876
- Howell v. FosterCalifornia Supreme Court · 1884
- C. Aultman & Co. v. ReamsNebraska Supreme Court · 1880
- Higbee v. McMillanSupreme Court of Kansas · 1877
- Moore v. HerronNebraska Supreme Court · 1885
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