Wetzel v. Deseret Nat. Bank
Utah Supreme Court
Appeal from District Court, Second District, H. H. Ro-lapp, Judge. Action of replevin by W. A. Wetzel against the Deseret National Bank and others. Emil Ajax intervened. Erom a judgment for plaintiff and intervener, defendants appeal. APPELLANT'S POINTS.
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Appeal from District Court, Second District, H. H. Ro-lapp, Judge. Action of replevin by W. A. Wetzel against the Deseret National Bank and others. Emil Ajax intervened. Erom a judgment for plaintiff and intervener, defendants appeal. APPELLANT'S POINTS. “Replevin will not lie for money unless it is marked or designated in sncb a manner that it may be identified, and the same is true of any property to be replevined, — the plaintiff must identify the specific- property as his own.” (Low v. Martin, 18 Ill. 286; Stanley v. Robinson-.. 14 Ill. App. 480; Hart v. Fitzgerald, 2 Mass. 509; Scudder…
1Opinion of the CourtBabtch, C. J.
This was an action of replevin to obtain possession of a certain number of sheep or judgment for their value in case delivery could not be had. It appears from the evidence that the plaintiff, his wife, Robert Cowan, and Mrs. Mary E. E. Hayes, owners of a herd of sheep, leased the same to the defendant Robert Kirk in September, 1900, for the term of one year. At the expiration of the year, on September 27, 1901, the owners, Wetzel and wife and Mrs. Hayes, again leased their sheep, in all about 2,722 head, on similar terms, to Robert Kirk for another year. This lease, so far as material to…
2Cases cited2 opinions
- Woodward v. EdmundsUtah Supreme Court · 1899
- Turnbow v. BecksteadUtah Supreme Court · 1903
3Cited by9 opinions
- Clay, Robinson & Co. v. MartinezSupreme Court of Colorado · 1923
- Mahoney v. Citizen's National BankIdaho Supreme Court · 1928
- Manti City Savings Bank v. PetersonUtah Supreme Court · 1906
- Hennen v. StreeterNevada Supreme Court · 1934
- Rich v. Utah Commercial & Savings BankUtah Supreme Court · 1906
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