Barruel v. Irwin
New Mexico Supreme Court
Appeal from the District Court of Colfax county, Prince, J. This is an action of replevin brought before Francis Mayland, a justice of the peace, in precinct No. 2, Colfax county, on the fourth day of June, 1881, by Henry Barruel, plaintiff below, against William H. Irwin, defendant below, for the recovery of a gray mare.
Read the full summary
Appeal from the District Court of Colfax county, Prince, J. This is an action of replevin brought before Francis Mayland, a justice of the peace, in precinct No. 2, Colfax county, on the fourth day of June, 1881, by Henry Barruel, plaintiff below, against William H. Irwin, defendant below, for the recovery of a gray mare. Plaintiff’s action was based upon an affidavit made, by him, that he had “ good right to the possession of the following described goods and chattels, and that 'the same were wrongfully detained by the said William 3L Irwin, one gray mare.” Upon such affidavit, the justice…
1Opinion of the Court
Bristol, Associate Justice:
This is an action of replevin originally before a justice of the peace of Colfax county, in the first judicial district, by Henry Barruel, for the recovery of the possession of a domestic animal described as a “ gray mare,” and for damages.
The case was tried before the justice by a jury, who rendered a verdict in favor of the appellee and against William 3L Irwin, the appellant, on the main issue and for damages in the sum of five dollars.
It does not appear from the record that any formal judgment was entered by the justice on this verdict, and perhaps none was…
2Cases cited3 opinions
- Collamer v. PageSupreme Court of Vermont · 1862
- Dorr v. WaldronIllinois Supreme Court · 1871
- H. K. Thurber & Co. v. Town of RichmondSupreme Court of Vermont · 1874
3Cited by3 opinions
- State v. GonzalesNew Mexico Supreme Court · 1939
- State v. HaarNew Mexico Court of Appeals · 1980
- Historical Society of New Mexico v. MontoyaNew Mexico Supreme Court · 1964