Gale v. Salas
New Mexico Supreme Court
Appeal from the district court of Bernalillo county, before J. W. CbumpackbR, A. J. STATEMENT OP THE CASE. Tbis is a civil action in the nature of replevin, ana involves the ownership and right of possession of two hundred and seventeen lambs and six yearling wethers.
Read the full summary
Appeal from the district court of Bernalillo county, before J. W. CbumpackbR, A. J. STATEMENT OP THE CASE. Tbis is a civil action in the nature of replevin, ana involves the ownership and right of possession of two hundred and seventeen lambs and six yearling wethers. Jury being waived, the'cause was tried by the court and judgment was rendered in favor of the appellee for the possession of the property involved, or the value of the property, found to be five hundred and twenty-three ($523) dollars. Prom this judgment, the appellants appealed to this court. There were no written findings of…
1Opinion of the Court
OPINION OF THE COURT.
McFIE, J.
1 The appellants in this case alleged thati the firm of Gale and Farr were the owners of the animals replevied, and this allegation was traversed by the appellee. The issue in the case, therefore, was, whether or not the appellants were the owners of the animals in question and thereby entitled to the immediate possession of them. Upon this issue the appellants 'must have a preponderance of the evidence, before they would be entitled to recover. The record shows that the court below found that the appellants did not have a preponderance of the evidence, and for…
2Cases cited2 opinions
- Rogers v. ArnoldNew York Supreme Court · 1834
- Advance Thresher Co. v. PierceMissouri Court of Appeals · 1898
3Cited by4 opinions
- Albright v. AlbrightNew Mexico Supreme Court · 1916
- Trujillo v. TuckerNew Mexico Supreme Court · 1918
- Rush v. FletcherNew Mexico Supreme Court · 1902
- State v. CrosbyNew Mexico Supreme Court · 1917