National Bank of Boyertown v. Schufelt
Court Of Appeals Of Indian Territory
Apjreal from the United States Court for the Northern District. Joseph A. Gill, Judge. Action in replevin by the National Bank of Boyertown against John H. Schufelt. Judgment ’for defendant. Plaintiff appeals.
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Apjreal from the United States Court for the Northern District. Joseph A. Gill, Judge. Action in replevin by the National Bank of Boyertown against John H. Schufelt. Judgment ’for defendant. Plaintiff appeals. This is an action of replevin brought by the appellant (plaintiff below) to recover of the appellee (defendant below) 100 head of cattle, which plaintiff claims it owns by virtue of a certain chattel mortgage on 326 head of cattle, containing the 100 head sued for, executed on October 29, 1898, to secure the payment of a note for $9,600.00 due in 120 days, drawing interest etc. Said…
1Opinion of the CourtClayton, J.
There are filed with the brief of appellant five specifications of error. They are as follows:
“(1) The court erred in failing to grant a new trial.
“(2)-- The court erred in overruling plaintiff's challenge to the juror W. J. Tiger.
“(3) The court erred in allowing witness German to *30testify as to learning that the money derived from the sale of the cattle shipped by Herrelson to the M., K. & T. Commission Co. had been turned over to Shaner.
“(4) The court erred in instructing the 'jury that the question to be decided was how many of the cattle the. marshal had levied on were located in the feed…
2Cases cited4 opinions
- Hayes v. MissouriSupreme Court of the United States · 1887
- Spies v. IllinoisSupreme Court of the United States · 1887
- Spies v. PeopleIllinois Supreme Court · 1887
- Branch v. FaustIndiana Supreme Court · 1888
3Cited by2 opinions
- Colbert v. Journal Publishing Co.New Mexico Supreme Court · 1914
- National Bank of Boyertown v. SchufeltCourt of Appeals for the Eighth Circuit · 1906