Cunningham v. Stoner
Idaho Supreme Court
APPEAL from District Court of Bingham County. Honorable James M. Stevens, Judge. Action in claim and delivery to recover a band of sheep. Judgment for defendants.
Read the full summary
APPEAL from District Court of Bingham County. Honorable James M. Stevens, Judge. Action in claim and delivery to recover a band of sheep. Judgment for defendants. There is no conflict of evidence in this case and the evidence, without contradiction, establishes the following facts: On January 29, 1896, plaintiff being the owner, by purchase, of a flock of three thousand ewes, one or two years old, leased them to James H. Day, until October 1, 1897, to be returned at that time, any losses to be made good out of the average of the lambs of said ewes. The lessee, or bailee, was also to pay for…
1Opinion of the Court
SULLIVAN, C. J. —
The complaint in this action contains the usual averments of- an action in claim and delivery. The action was brought against respondents Stoner and Post to recover the possession of three thousand five-hundred head of sheep, which sheep had formerly been in the possession of one *555James H. Day, now deceased. Subsequently, at the request of said respondents, the court ordered that the respondent, D. W. Jones, as administrator of the estate of said Day, be made a party. Said Jones, as administrator, answered the complaint and denied that the appellant was the owner or entitled…
2Cases cited8 opinions
- Allen v. . FoxNew York Court of Appeals · 1873
- McConnell v. HannahIndiana Supreme Court · 1884
- Moe v. HargerIdaho Supreme Court · 1904
- Yandle v. KingsburySupreme Court of Kansas · 1876
- Reiley v. HaynesSupreme Court of Kansas · 1888
3 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Morrison v. Quality Produce, Inc.Idaho Supreme Court · 1968
- Buster v. FletcherIdaho Supreme Court · 1912
- W. H. Bintz Co. v. MuegglerIdaho Supreme Court · 1944
- Trull v. Modern Woodmen of AmericaIdaho Supreme Court · 1906
- Preston A. Blair Co. v. RoseIdaho Supreme Court · 1935
9 more not listed; retrieve them via the Exa API.