Legal Opinion

Toms v. Whitmore

Wyoming Supreme Court

Decided March 3, 1896PublishedCited by 4 opinions

EeeoR to the District Court for the County of Sweet-water, HoN. Jesse Bright, Judge. Replevin by Clarkson Toms against Tom Whitmore, ^sheriff of Sweetwater County, for certain personal prop•erty claimed to have been delivered to the plaintiff by F. D. Toms in pledge, the sheriff having attached the property as the property of F. D. Toms, while the same was in transit on board cars consigned in Idaho by F. D. ‘Toms to Clarkson Toms in Kansas.

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EeeoR to the District Court for the County of Sweet-water, HoN. Jesse Bright, Judge. Replevin by Clarkson Toms against Tom Whitmore, ^sheriff of Sweetwater County, for certain personal prop•erty claimed to have been delivered to the plaintiff by F. D. Toms in pledge, the sheriff having attached the property as the property of F. D. Toms, while the same was in transit on board cars consigned in Idaho by F. D. ‘Toms to Clarkson Toms in Kansas. The material facts .are stated in the opinion. Parol evidence is inadmissible to. contradict or change the record as kept by a justice of the peace. (17…

1Opinion of the Court

Potter, Justice.

Clarkson Toms claimed in his petition a special interest and ownership in certain goods and chattels consisting of one surgeon’s operating chair, one sewing-machine, and the contents of three boxes and one trunk, consisting generally of paintings, books, and household goods, alleging that such special ownership and interest was that of pledgee, and that the said property had been delivered to him in pledge, to secure an indebtedness due to him, by F. D. Toms on the 29th day of January, 1894. That on the 31st day of January, 1894, the defendant, as sheriff of Sweetwater County,…

2Cases cited12 opinions

  1. Jones v. SimpsonSupreme Court of the United States · 1886
  2. Pittsburgh, Cincinnati & St. Louis Railroad v. NoelIndiana Supreme Court · 1880
  3. Moore v. ShieldsIndiana Supreme Court · 1889
  4. Winchester & Partridge Manufacturing Co. v. CrearySupreme Court of the United States · 1885
  5. Bishop v. RedmondIndiana Supreme Court · 1882

7 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Grand Avenue Bank v. St. Louis Union Trust Co.Missouri Court of Appeals · 1909
  2. BUEHNER BLOCK COMPANY, INC. v. Wyoming Dept. of RevenueWyoming Supreme Court · 2006
  3. Meyer v. MunroIdaho Supreme Court · 1903
  4. Kinney v. First National Bank of Rock SpringsWyoming Supreme Court · 1902

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