Legal Opinion

Turner v. Hahn

Supreme Court of Colorado

Decided July 15, 1867PublishedCited by 7 opinions

Appeal from District Court, Cilpin County. At the trial G. E. Guinn testified on behalf of the plaintiff, that on 9th of September, 1865, he sold and delivered to plaintiff seven head of beef cattle, one of which was a blue roan steer about four years old, which would weigh twelve hundred pounds gross, and six hundred pounds net, worth about $100. On the eleventh of September he understood the blue roan steer had broken out and was gone ; that he inquired for the steer and…

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Appeal from District Court, Cilpin County. At the trial G. E. Guinn testified on behalf of the plaintiff, that on 9th of September, 1865, he sold and delivered to plaintiff seven head of beef cattle, one of which was a blue roan steer about four years old, which would weigh twelve hundred pounds gross, and six hundred pounds net, worth about $100. On the eleventh of September he understood the blue roan steer had broken out and was gone ; that he inquired for the steer and noticed for him; that he purchased the steer of Gartin, a ranchman, in Boulder county about the 1st of August, 1865, and…

1Opinion of the Court

Hallett, 0. J.

This was an action of trover and conversion, in which there was judgment in favor of the appellee in the court below for the sum of $60 and costs. We are asked to reverse this judgment for several causes, the first of which is that improper instructions were given to the jury upon the trial in the district court. The objection to these instructions appears to be that they are so framed that the jury were at liberty to find for the appellee, in the absence of testimony showing a demand by him for the property, the value of which he sought to recover, and a refusal by the…

2Cases cited3 opinions

  1. Queen v. HepburnSupreme Court of the United States · 1813
  2. Hollingsworth v. DuaneSupreme Court of the United States · 1801
  3. Tomkins v. HaileNew York Supreme Court · 1829

3Cited by7 opinions

  1. Batson v. State Ex Rel. DavisSupreme Court of Alabama · 1927
  2. Rose v. MagroSupreme Court of Alabama · 1929
  3. Carper v. RisdonColorado Court of Appeals · 1904
  4. Sylvester v. CraigSupreme Court of Colorado · 1892
  5. Seventh Day Adventist Ass'n v. UnderwoodSupreme Court of Colorado · 1936

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