Dee v. Hyland
Utah Supreme Court
Appeal from the first district court. The statute of limitations provides that actions “ can only be commenced as follows:” “Sec. 16. Within three years; * * * third, an action for taking, detaining, or injuring any goods or chattels, including actions for the specific recovery of personal property.” The opinion states the facts.
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Appeal from the first district court. The statute of limitations provides that actions “ can only be commenced as follows:” “Sec. 16. Within three years; * * * third, an action for taking, detaining, or injuring any goods or chattels, including actions for the specific recovery of personal property.” The opinion states the facts. The question is, Can a man be deprived of his property against his consent, and without any fault or negligence on his part ? Formerly, when theft was punished by hanging, the thief was hanged, and the property became forfeited to the crown. Thus the owner lost his…
1Opinion of the Court
Twiss, J.:
This is an action for the recovery of the possession of a horse, alleged to be the property of the plaintiff, with a prayer for judgment against the defendant for the possession of the horse, in case possession can be had, but if possession thereof could not be had, then in such case for the value of the horse.
Among other defenses, the statute of limitations was pleaded. A trial by jury was waived, and-the case tried by the court.
Evidence was properly admitted at the trial upon which the court found the following facts: “The plaintiff purchased the horse in question in 1873, and…
2Cases cited7 opinions
- Bailey v. GloverSupreme Court of the United States · 1875
- First Massachusetts Turnpike Corp. v. FieldMassachusetts Supreme Judicial Court · 1807
- Trudo v. AndersonMichigan Supreme Court · 1862
- Knight v. MannMassachusetts Supreme Judicial Court · 1875
- Wells v. HalpinSupreme Court of Missouri · 1875
2 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Shelby v. ShanerSupreme Court of Oklahoma · 1911
- Adams v. CoonSupreme Court of Oklahoma · 1913
- Bennett v. MeekerMontana Supreme Court · 1921
- Leavitt v. ShookOregon Supreme Court · 1905
- Krussow v. StixrudWashington Supreme Court · 1949
2 more not listed; retrieve them via the Exa API.