Johnson v. Fraser
Idaho Supreme Court
APPEAL from District Court, Custer County. The verdict in claim and delivery should be in the alternative, either for the delivery of the property to the respondents, or, in case delivery could not be had, for the value thereof, with damages for its detention.
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APPEAL from District Court, Custer County. The verdict in claim and delivery should be in the alternative, either for the delivery of the property to the respondents, or, in case delivery could not be had, for the value thereof, with damages for its detention. (Code, sec. 387; Norcross v. Nunarij 61 Cal. 640; Holmberg v. Eendy (Cal.), 10 Pac. 394.) The plaintiff, having sold the goods at public auction to different parties, will not be heard to complain that he is not given an opportunity to do that which he has put it out of his power to do. (Flagg v. Tyler, 6 Mass. 33.) If the verdict is…
1Opinion of the CourtBuck, J.
This is an action of claim and delivery, brought by the administrator of the estate of Harry Melrose for certain personal property claimed as a part of said estate. The defendants allege as a defense that they were partners of the deceased at the time of his death; that the property was partnership property, in which each is a one-third owner, and, as surviving partners, they are entitled to the possession thereof as such owners, and for the purpose of settling the estate. The action was tried at the June term of the district court, 1887, Custer county, third judicial district, and comes into…
2Cases cited9 opinions
- Berson v. NunanCalifornia Supreme Court · 1883
- Coit v. WaplesSupreme Court of Minnesota · 1854
- Brown v. JohnsonCalifornia Supreme Court · 1872
- Gallagher v. WilliamsonCalifornia Supreme Court · 1863
- Glann v. YoungloveNew York Supreme Court · 1858
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3Cited by11 opinions
- Gregory v. PadillaAlaska Supreme Court · 1963
- Owen v. Taylor Ex Rel. TaylorIdaho Supreme Court · 1941
- Hansen v. Howard O. Miller, Inc.Idaho Supreme Court · 1969
- Boomer v. IsleyIdaho Supreme Court · 1930
- Keim v. Gilmore & Pittsburg R. R. Co.Idaho Supreme Court · 1913
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