Bank of Italy v. Burns
Nevada Supreme Court
Appeal from Second Judicial District Court, Washoe County; Thomas F. Moran, Judge. Replevin by Bank of Italy against C. P. Burns and A. A. Burke, Sheriff of Washoe County. Judgment for the defendants, and plaintiff appeals. The court erred in admitting testimony offered by the defendants and objected to by plaintiff. There is no evidence whatever to sustain the judgment, but a complete showing that the property belonged to appellant.
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Appeal from Second Judicial District Court, Washoe County; Thomas F. Moran, Judge. Replevin by Bank of Italy against C. P. Burns and A. A. Burke, Sheriff of Washoe County. Judgment for the defendants, and plaintiff appeals. The court erred in admitting testimony offered by the defendants and objected to by plaintiff. There is no evidence whatever to sustain the judgment, but a complete showing that the property belonged to appellant. The judgment roll and the writ of attachment in the case of C. P. Burns against the Consolidated Motorcar Company should have been excluded. It is a generally…
1Opinion of the Court
By the Court,
Coleman, J.:
This is an appeal from a j udgment of the district court of Washoe County, and from an order of said court denying a motion for a new trial.
Plaintiff, appellant in this court, brought an action in replevin to recover possession of a certain motor truck. The truck was shipped by the Pope-Hartford Manufacturing Company of Connecticut to the Consolidated Motorcar Company at San Francisco. The bill of lading, with a draft attached, was sent to the plaintiff, with instructions to deliver the bill of lading to the motorcar company upon payment of the draft. The draft was…
2Cases cited4 opinions
- Patchen v. KeeleyNevada Supreme Court · 1887
- Shearer v. City of RenoNevada Supreme Court · 1913
- Sherman v. Southern Pacific Co.Nevada Supreme Court · 1910
- Gordon v. District Court of Fifth Judicial DistrictNevada Supreme Court · 1913
3Cited by3 opinions
- Bowler v. LeonardNevada Supreme Court · 1954
- Sheehan v. KasperNevada Supreme Court · 1917
- Bowler v. LeonardNevada Supreme Court · 1954