Studebaker Bros. Co. of Utah v. Witcher
Nevada Supreme Court
Appeal from Ninth Judicial District Court, White Pine County; C. J. McFadden, Judge. Action by the Studebaker Brothers Company of Utah against A. B. Witcher and others. Judgment for plaintiff, and defendants appeal. The judgment of the lower court was improper. The same should be reversed, with instructions to enter j udgment in favor of appellant. Appellant’s possession was peaceably and lawfully acquired.
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Appeal from Ninth Judicial District Court, White Pine County; C. J. McFadden, Judge. Action by the Studebaker Brothers Company of Utah against A. B. Witcher and others. Judgment for plaintiff, and defendants appeal. The judgment of the lower court was improper. The same should be reversed, with instructions to enter j udgment in favor of appellant. Appellant’s possession was peaceably and lawfully acquired. It' must therefore be shown that a demand was made upon him and that he refused to deliver possession. A detention of the property by him did not become unlawful until he had been apprised…
1Opinion of the Court
By the Court,
Ducker, J.:
This is an action of claim and delivery under the statute, brought to recover the possession of a certain automobile with equipment and accessories. The prayer of the complaint is as follows:
“Wherefore, plaintiff demands judgment against the defendants for the recovery of the possession of said property, goods and chattels, or for the sum of $600, the value thereof, in case a delivery cannot be had, together with $350 damages, and for its costs of suit.”
The plaintiff, respondent here, prevailed in the lower court and judgment was entered to the effect that the…
2Cases cited29 opinions
- Bailey v. Baker Ice MacHine Co.Supreme Court of the United States · 1915
- Harkness v. RussellSupreme Court of the United States · 1886
- Young v. PhillipsMichigan Supreme Court · 1918
- Atkinson v. JapinkMichigan Supreme Court · 1915
- Barron v. DelevalCalifornia Supreme Court · 1881
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3Cited by22 opinions
- Robert Montgomery Hooker, Appellant-Petitioner v. Frank X. Klein, United States Marshal, N.D. Of California, Appellee-RespondentCourt of Appeals for the Ninth Circuit · 1978
- Henderson v. Buchanan (In Re Western World Funding, Inc.)United States Bankruptcy Court, D. Nevada · 1985
- Consolidated Goldacres Co. v. CommissionerCourt of Appeals for the Tenth Circuit · 1947
- Funderburk v. StateNevada Supreme Court · 2009
- BLIGE v. TERRYNevada Supreme Court · 2023
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