Webb v. McCain
Court Of Appeals Of Indian Territory
Appeal from'the United States Court for the Northern District. WHjLiam M. Springes, Judge. Replevin by Harry McCain against John B. Webb. Judgment for plaintiff. Defendant appeals.
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Appeal from'the United States Court for the Northern District. WHjLiam M. Springes, Judge. Replevin by Harry McCain against John B. Webb. Judgment for plaintiff. Defendant appeals. This was an action of replevin brought by the appellee, Harry McCain, to recover from the appellant, John B. Webb, the possession of 600 bushels of corn in the crib, of the alleged value of $150, a span of mare mules, of the alleged value of $75 each, and a set of harness, of the alleged value of $12, and damages for their unlawful detention; the appellee alleging that he was the owner of all of said property, and…
1Opinion of the CourtThomas, J.
The appellant contends that the verdict of the jury in this case is not sustained by sufficient evidence, and that it is contrary to the law; and these questions are properly presented for review here. The testimony of the appellee, Harry McCain, was:
That he had mortgaged the team of mules and the harness described in his complaint to the appellant to secure the payment of an indebtedness of...$358 00
He claimed and testified that he had paid this as follows:
By balance due him from appellant for work.$ 18 00
By 120 tons of hay delivered by him to appellant, at an agreed price of $4 per ton. 480…
2Cases cited3 opinions
- Fairman v. FluckSupreme Court of Pennsylvania · 1836
- McMahan v. TysonSupreme Court of Georgia · 1857
- Nutwell v. Tongue's LesseeCourt of Appeals of Maryland · 1864
3Cited by2 opinions
- Deshazo v. L. & E. LamarAlabama Court of Appeals · 1920
- Deshazo v. L. & E. LamarAlabama Court of Appeals · 1920