Lowenthal v. Baca
New Mexico Supreme Court
Error, to the District Court of Bernalillo County, Second Judicial District. Statement of the case by the court. This is an action of trespass brought by plaintiffs in error for damages for the alleged taking of certain property described in the declaration.
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Error, to the District Court of Bernalillo County, Second Judicial District. Statement of the case by the court. This is an action of trespass brought by plaintiffs in error for damages for the alleged taking of certain property described in the declaration. Defendants pleaded not guilty and also filed special pleas, among which was a plea that the same issues presented in this case had been theretofore determined against plaintiffs in a replevin suit brought by them against defendants in error for the same goods. Plaintiffs demurred to the special pleas, and, the demurrer being overruled,…
1Opinion of the CourtParker, J.
x. The single proposition presented by the record is the effect of the judgment in the replevin proceeding. The court found all of the issues in favor of the defendants. What then were those issues? It is clear that among the issues were the ownership, right to the immediate possession of the goods in question, and the wrongful caption or detention of the same by the defendants. All of these issues were necessarily involved and were found against the plaintiffs by the judgment. Whether the proposition that “no replevin for property in the hands of an officer shall be brought,” as provided by…
2Cases cited5 opinions
- Cromwell v. County of SacSupreme Court of the United States · 1877
- Southern Pacific Railroad v. United StatesSupreme Court of the United States · 1897
- Lammon v. FeusierSupreme Court of the United States · 1884
- United States v. BlissSupreme Court of the United States · 1899
- Feusier v. LammonNevada Supreme Court · 1870