Smith v. Cummings
Utah Supreme Court
Appeal from District Court, Fourth District; Hon. J. E. Booth, Judge. Action, by M. A. Smith and another against E. J. Cummings and another, partners as Cummings & Mahoney. Judgment for plaintiff. Defendants appeal.
1Opinion of the CourtFrick, C. J.
This was an action in claim and delivery to recover possession of three white and one black sheep of which respondents claimed to be the owners and entitled to possession. Appellants in their answer also claimed to be the owners of and entitled to possession of said sheep. The only issue, therefore, was who owned the sheep. The jury found that respondents were the owners of the three white sheep and; that appellants owned the black one. Judgment was entered accordingly from which appellants' prosecute this appeal.
The evidence relative to the ownership of the sheep is very conflicting, and the…
2Cases cited8 opinions
- de Garca v. GalvanTexas Supreme Court · 1881
- People v. BolangerCalifornia Supreme Court · 1886
- Chesnut v. PeopleSupreme Court of Colorado · 1895
- State v. WolfleySupreme Court of Kansas · 1907
- Stewart v. HunterOregon Supreme Court · 1888
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3Cited by3 opinions
- State v. ThompsonUtah Supreme Court · 1946
- Lewis v. DavisUtah Supreme Court · 1921
- Olsen v. S.H. Kress Co. Inc.Utah Supreme Court · 1935