J. B. Mullen & Co. v. Moseley
Idaho Supreme Court
APPEAL from the District Court of the Third Judicial District for the county of Ada. Hon. Geo. H. Stewart, Judge. Action in replevin by the plaintiffs for the recovery of the possession of a number of “slot machines.” Judgment for defendant and plaintiffs appealed.
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APPEAL from the District Court of the Third Judicial District for the county of Ada. Hon. Geo. H. Stewart, Judge. Action in replevin by the plaintiffs for the recovery of the possession of a number of “slot machines.” Judgment for defendant and plaintiffs appealed. The real and only material issue involved in this case is as to constitutionality of section 4847 of the Penal Code (1901), which, we contend, is contrary to section 13 of article 1 of the constitution, in that it does not provide for taking property by due process of law, or any process of law whatever; and even though it might be…
1Opinion of the CourtAilshie, C. J.
This action was commenced by the plaintiffs to recover a number of “slot machines” from the defend*461ant, who was then sheriff of Ada county. The cause was determined in the district court on an agreed statement of facts, and judgment was entered against the plaintiffs and in favor of the defendant for his costs. The plaintiffs have ap-. pealed from the judgment. It is stipulated, among other things, as follows:
“That on or about the 23d day of 'March, 1905, plaintiff was and now is the owner of the following described personal property, to wit:
“Six (6) Mills’ slot machines, numbered, 8,592,…
2Cases cited20 opinions
- Lawton v. SteeleSupreme Court of the United States · 1894
- Lawton v. . SteeleNew York Court of Appeals · 1890
- Colon v. . LiskNew York Court of Appeals · 1897
- Bobel v. PeopleIllinois Supreme Court · 1898
- Brown v. City of DenverSupreme Court of Colorado · 1884
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3Cited by40 opinions
- Pompano Horse Club, Inc. v. State Ex Rel. BryanSupreme Court of Florida · 1927
- State v. Village of Garden CityIdaho Supreme Court · 1953
- State v. DolanIdaho Supreme Court · 1907
- People v. One Pinball Machine Co.Appellate Court of Illinois · 1942
- State v. CowenSupreme Court of Iowa · 1942
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