Gardner v. Brown
Nevada Supreme Court
Appeal from order overruling motion for new trial from District Court, Ormsby county; Richard Rising, District Judge. The facts appear in the opinion. At the time of bringing this action plaintiff and respondent well knew that appellants, nor neither of them, had either actual or constructive possession or control of the property, or any part thereof, which he sought to recover.
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Appeal from order overruling motion for new trial from District Court, Ormsby county; Richard Rising, District Judge. The facts appear in the opinion. At the time of bringing this action plaintiff and respondent well knew that appellants, nor neither of them, had either actual or constructive possession or control of the property, or any part thereof, which he sought to recover. The very gist of the action of claim and delivery is the unlawful detention of the property at the time of the commencement of the action. (Riciotto v. Clement, 94 Cal. 105; Phillips v. Schatt, 21 Mo. App. 38;…
1Opinion of the Court
By the Court,
Belknap, J.:
This is an appeal from an order overruling a motion for a new trial. The action was in the ordinary form of claim and delivery under the statute for the recovery of the possession of a certain number of cattle and horses alleged to be withheld and detained by the defendants.
The answer justifies the taking by the defendants, one of whom is the sheriff of Lyon county, under an execution against J. H. Gardner, a son of the plaintiff, as his property, and a subsequent sale in the month of January, 1893, two months before this suit was commenced. The proofs showed without…
2Cases cited13 opinions
- Nichols v. . MichaelNew York Court of Appeals · 1861
- Riciotto v. ClementCalifornia Supreme Court · 1892
- Aber v. BrattonMichigan Supreme Court · 1886
- Boylan v. HuguetNevada Supreme Court · 1873
- Davis v. RandolphMissouri Court of Appeals · 1877
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3Cited by7 opinions
- Drinkhouse v. Van NessCalifornia Supreme Court · 1927
- Glass v. Basin & Bay State Mining Co.Montana Supreme Court · 1904
- Studebaker Bros. Co. of Utah v. WitcherNevada Supreme Court · 1921
- Dow v. DempseyWashington Supreme Court · 1899
- Robb v. DobrinskiSupreme Court of Oklahoma · 1904
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