Leighton v. Stevens
Supreme Judicial Court of Maine
Replevin against the defendant, who justified the taking by virtue of a precept in favor of F. O. J. Smith, against one Joseph A. Lambert. On the trial, before Shepley J. a verdict was rendered in favor of the plaintiff, which the defendant moved to set aside, as against law and against evidence. The facts sufficiently appear in the opinion of the Court. The case was submitted without argument.
1Opinion of the Court
The opinion of the Court was delivered by
Whitman C. J.'
The motion in this case is at common law, for a new trial, on the ground that the verdict is against evidence and against law. The action is replevin for a yoke of oxen, with their yoke, ring, and staple. The defendant justifies the taking as an officer, &c. as the property of one Lambert. The plaintiff proved that he bought the oxen of One Allen: and afterwards made a bargain with Lambert to sell them to him; but stipulated that the oxen should remain his property till paid for by Lambert. No evidence was offered of the time when the…
2Cited by3 opinions
- Parmlee v. CatherwoodSupreme Court of Missouri · 1865
- Goodell v. FairbrotherSupreme Court of Rhode Island · 1878
- In re BinfordU.S. Circuit Court for the District of Eastern Virginia · 1879