France v. First Nat. Bank
Wyoming Supreme Court
Error to district court. Replevin by James France against the sheriff of Carbon county to recover possession of property; the First National Bank of Omaha being substituted as defendant. Verdict and judgment for defendant, from which plaintiff appealed.
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Error to district court. Replevin by James France against the sheriff of Carbon county to recover possession of property; the First National Bank of Omaha being substituted as defendant. Verdict and judgment for defendant, from which plaintiff appealed. Rev. St. Wyo. § 2407, provides that, in an action against an officer for the recovery of property taken under execution, the court may, upon application of the defendant and the party in whose favor the execution issues, permit the latter to be substituted as defendant.
1Opinion of the CourtMaginnis, C. J.
Several questions are presented to this court for decision in this case, but two alone will dispose of it. The motion for a new trial in the court below presents two questions to that court, and those two are here for review. The action was one of replevin, in which plaintiff in error replevied certain live stock from the sheriff of Carbon county, who was holding the same under an execution issued against one Barton T. Ryan, issued upon a judgment rendered against said Ryan, and in favor of the defendant in error. Plaintiff in error claimed the possession of said property by virtue of a bill…
2Cases cited2 opinions
- Harris v. CarlisleOhio Supreme Court · 1843
- Smiley v. DeweyOhio Supreme Court · 1848
3Cited by3 opinions
- Seng v. StateWyoming Supreme Court · 1913
- Royal Insurance v. Walker Lumber Co.Wyoming Supreme Court · 1915
- Mulhern v. MahsWyoming Supreme Court · 1930