Azparren v. Ferrel
Nevada Supreme Court
Appeal from Second Judicial District Court, Washoe County; Thomas F. Moran, Judge. Proceedings in claim and delivery by Joe Azparren against C. P. Ferrel, Sheriff of'Washoe County, Nevada, and others. From a judgment for plaintiff and an order denying new trial, defendants appeal.
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Appeal from Second Judicial District Court, Washoe County; Thomas F. Moran, Judge. Proceedings in claim and delivery by Joe Azparren against C. P. Ferrel, Sheriff of'Washoe County, Nevada, and others. From a judgment for plaintiff and an order denying new trial, defendants appeal. The liquors were lawfully taken, having been seized by police officers on an arrest made for an offense committed in their presence, and being in custodia legis, judgment in replevin cannot be properly rendered. “It is a well - settled doctrine of the common law that replevin will not lie for goods in the custody of…
1Opinion of the Court
By the Court,
Sanders, J.:
This is a proceeding in claim and delivery to recover the possession of twenty cases of intoxicating liquors and one bottle of “Sunnybrook” whisky. The cause was tried before the court without a jury. The defendants appeal from the judgment in favor of plaintiff, and from an order denying their motion for a new trial.
The undisputed facts are as follows:
One Joe Azparren, while traveling by automobile upon the public highway in the night-time, on June 27, 1919, was halted by C. P. Ferrel, sheriff of Washoe County, and his deputies, Carter and Nichols, at the point of…
2Cases cited4 opinions
- Spalding v. PrestonSupreme Court of Vermont · 1848
- State v. RobbinsIndiana Supreme Court · 1890
- Simpson v. . St. JohnNew York Court of Appeals · 1883
- United States v. WilsonU.S. Circuit Court for the District of Southern New York · 1908
3Cited by5 opinions
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- Haverstick v. StateIndiana Supreme Court · 1925
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- Watford v. LawsonSupreme Court of Alabama · 1940
- William Johnson Land & Live Stock Co. v. HarrisNevada Supreme Court · 1925