Wilcox v. Beitel
Nebraska Supreme Court
Error from the district court of Kearney county. Tried below before Gaslin, J. cited : Goodman v. Kennedy, 10 Neb., 270; Bardwell v. Stúbbert, 17 Neb.,. 488; Burlington & M. R. R. Co. v. Bear, 18 Neb., 494; Pence v. Arbuckle, 22 Minn., 417; Hawkins v. Methodist Episcopal Church, 23 Minn., 256; Califf v. Hillhouse, 3 Minn., 217; Gregg v. Wells, 10 Ad. & E. [Eng.], 90; Peters v. Parsons, 18 Neb., 194. cited: Maxwell, Justice Practice [5th ed.], 704; Wells, Replevin, secs.,…
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Error from the district court of Kearney county. Tried below before Gaslin, J. cited : Goodman v. Kennedy, 10 Neb., 270; Bardwell v. Stúbbert, 17 Neb.,. 488; Burlington & M. R. R. Co. v. Bear, 18 Neb., 494; Pence v. Arbuckle, 22 Minn., 417; Hawkins v. Methodist Episcopal Church, 23 Minn., 256; Califf v. Hillhouse, 3 Minn., 217; Gregg v. Wells, 10 Ad. & E. [Eng.], 90; Peters v. Parsons, 18 Neb., 194. cited: Maxwell, Justice Practice [5th ed.], 704; Wells, Replevin, secs., 348, 374.
1Opinion of the CourtNoe val, C. J.
This was a suit in replevin brought by Julius H. Beitel against Henry Wilcox, to recover possession of one grey mare, one grey horse, one lumber wagon, and a set of double harness. The petition contains the usual averments found in a petition in replevin, and the answer is a general denial. A jury was waived, and the cause submitted to the court upon the pleadings and evidence, upon consideration whereof the court found the right of property and right of possession thereof, at the commencement of the action, to be in the plaintiff, and assessed his damages at one cent for the wrongful…
2Cases cited3 opinions
- Peters v. ParsonsNebraska Supreme Court · 1885
- Rodgers v. GrahamNebraska Supreme Court · 1893
- Ogden v. WarrenNebraska Supreme Court · 1893
3Cited by1 opinion
- Green Finance Co. v. BeckerNebraska Supreme Court · 1949