Studebaker Bros. Co. of Utahv. Witcher
Nevada Supreme Court
Appeal from Ninth Judicial District Court, White Pine County; C. J. McFaclden, Judge. Replevin by the Studebaker Brothers Company of Utah against A. B. Witcher, A. Jurich, and others. Judgment for plaintiff, and defendants Jurich and others appeal.
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Appeal from Ninth Judicial District Court, White Pine County; C. J. McFaclden, Judge. Replevin by the Studebaker Brothers Company of Utah against A. B. Witcher, A. Jurich, and others. Judgment for plaintiff, and defendants Jurich and others appeal. The law applicable to the facts in this case require proof upon the part of plaintiff before ft can recover that the contract in evidence is a conditional bill of sale and not a mortgage; that there was an unlawful taking; that there was an unlawful detention; that, if the taking was lawful, a demand had been made for the return of the property,…
1Opinion of the Court
By the Court,
Coleman, J.:
This is an appeal by defendants Jurich, McDonald, and Smithson from an order denying a new trial and from a judgment against them.
The record is the same as that in the case of Studebaker Brothers Company of Utah v. Witcher, et al. (No. 2399) 44 Nev. 442, 195 Pac. 334, and the points *471urged on that appeal are, with one other, urged on this appeal. For a detailed statement of the facts we refer to that case. However, it may not he out of place to give herein a skeleton outline of the facts.
On April 3, 1917, one Flamm, a resident of Salt Lake City, entered into a contract…
2Cases cited5 opinions
- Studebaker Bros. Co. of Utah v. WitcherNevada Supreme Court · 1921
- Wilson v. WilsonNevada Supreme Court · 1896
- Sherman v. Southern Pacific Co.Nevada Supreme Court · 1910
- Wertz v. BarnardSupreme Court of Oklahoma · 1912
- Irvine v. HawkinsNevada Supreme Court · 1889
3Cited by8 opinions
- Commissioner v. WilcoxSupreme Court of the United States · 1946
- Hines v. SweeneyWyoming Supreme Court · 1921
- Agricultural Insurance Co. of Watertown v. BiltzNevada Supreme Court · 1937
- State v. BehiterNevada Supreme Court · 1934
- Wilcox v. CommissionerCourt of Appeals for the Ninth Circuit · 1945
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