Elder v. Frevert
Nevada Supreme Court
Appeal from the District Court of the Second Judicial District, Ormsby County. The facts sufficiently appear in the opinion. This action will not lie against defendants Frevert, Wagner and Boles because they were in no sense wrong-doers. They were neither severally nor jointly guilty with Williams of any trespass or tort against Elder.
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Appeal from the District Court of the Second Judicial District, Ormsby County. The facts sufficiently appear in the opinion. This action will not lie against defendants Frevert, Wagner and Boles because they were in no sense wrong-doers. They were neither severally nor jointly guilty with Williams of any trespass or tort against Elder. When Elder took the property under his bond in replevin and Williams procured its re-delivery upon his re-delivery bond, his possession was no longer wrongful but lawful, and his possession under the replevin bond was a new possession, for which Frevert, Wagner…
1Opinion of the Court
*452By the Court,
Belknap, J.:
Elder recovered judgment against defendant Williams, as sheriff, for the recovery of a wagon and two horses exempt from execution, together with damages for their detention. The cause was appealed, and the judgment of the district court affirmed. Bending the appeal, Williams retained the possession of the property. The present action was brought for the recovery of damages for the detention during the period of time intermediate the rendition of the former judgment and the return of the property. The property was taken and held by defendant Williams at the instance of…
2Cases cited5 opinions
- Allen v. . FoxNew York Court of Appeals · 1873
- Allen v. CraryNew York Supreme Court · 1833
- Elder v. WilliamsNevada Supreme Court · 1882
- Williams v. PhelpsWisconsin Supreme Court · 1862
- Marsh v. BackusNew York Supreme Court · 1853
3Cited by6 opinions
- Streeter v. JohnsonNevada Supreme Court · 1896
- Millerke v. ReileySouth Dakota Supreme Court · 1913
- Railey v. HopkinsCourt of Appeals of Texas · 1910
- Parketon v. PugsLeyMissouri Court of Appeals · 1909
- Caldwell v. RyanSupreme Court of Missouri · 1908
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