Kaysen v. Steele
Utah Supreme Court
Appeal from the district court of the Fourth judicial district, Territory of Utah. Hon. H. W. Smith, Judge. Action of replevin by Emma Kaysen against H. E. Steele for a colt or its value. The colt had been taken on a levy of execution by one Munro, appointed in writing as a deputy to defendant herein.
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Appeal from the district court of the Fourth judicial district, Territory of Utah. Hon. H. W. Smith, Judge. Action of replevin by Emma Kaysen against H. E. Steele for a colt or its value. The colt had been taken on a levy of execution by one Munro, appointed in writing as a deputy to defendant herein. The appointment was for the full period of defendant’s term of office as constable, and no bond was given by said Munro for the faithful performance of the duties of his office. At the time of said execution by the deputy the constable was not sick or necessarily absent; nor was it a case of…
1Opinion of the Court
Bartch, J.:
This is an action in replevin, originally brought in a United States commissioner’s court, to recover a colt or its value. The plaintiff prevailed, and the defendant appealed to the district court, where the case was tried de novo, before a jury, which rendered a verdict in favor of the plaintiff, and then the defendant appealed to this court.
Counsel for the appellant insist that the commissioner had no jurisdiction, because at the time of the trial of the case he had a partner engaged in the practice of law in all the courts of the Fourth judicial district, this being in violation…
2Cases cited4 opinions
- Taylor v. BrownCalifornia Supreme Court · 1854
- A. Kuhn & Bro. v. MountUtah Supreme Court · 1896
- Jobson v. FennellCalifornia Supreme Court · 1868
- Prickett v. CleekOregon Supreme Court · 1886
3Cited by1 opinion
- Sample v. Consolidated Light & Railway Co.West Virginia Supreme Court · 1901