Coombs v. Collins
Idaho Supreme Court
APPEAL from District Court, Latah County. The complaint shows an attempted sale of personal property without a change of possession, and is, therefore, absolutely fraudulent and void. (Idaho Rev. Stats., see. 3021; Earlcness v. Smith, 5 Idaho, 321, 28 Pae. 423, construing said section; Lawrence v. Burnham,, 4 Nev. 361, 97 Am. Dec. 540; Eallett v..
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APPEAL from District Court, Latah County. The complaint shows an attempted sale of personal property without a change of possession, and is, therefore, absolutely fraudulent and void. (Idaho Rev. Stats., see. 3021; Earlcness v. Smith, 5 Idaho, 321, 28 Pae. 423, construing said section; Lawrence v. Burnham,, 4 Nev. 361, 97 Am. Dec. 540; Eallett v.. Parrish, 5 Idaho, 496, 51 Pac. 109.) Whatever may be the general rule, it is well settled that in such a case as this a. demand is absolutely necessary to the maintenance of plaintiff's, cause. (Dunn v. Choate, 4 Tex. 14 (19); Calvit v. Cloud, 14…
1Opinion of the CourtSullivan, J.
— This is an action for the wrongful taking and detention of certain personal property. It appears from *538the transcript that a judgment was entered in the probate court of Latah county against C. A. Christopher, and in favor of C. A. Burror, for the sum of $260.40, and execution was issued thereon, directed to the sheriff or any constable of said count]', commanding them to make said judgment and costs out of the property of said Christopher. The execution ivas placed in the hands of J. B. Collins, the defendant herein, who was a qualified and acting constable of Juliaetta precinct, in said…
2Cases cited7 opinions
- Cantwell v. McPhersonIdaho Supreme Court · 1892
- Lawrence v. BurnhamNevada Supreme Court · 1868
- Harkness v. SmithIdaho Supreme Court · 1891
- Mosgrove v. HarrisCalifornia Supreme Court · 1892
- Pecotte v. OliverIdaho Supreme Court · 1886
2 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Strong v. Sonken-Galamba Iron & Metal Co.Supreme Court of Kansas · 1921
- Davenport v. BurkeIdaho Supreme Court · 1915
- Ellet-Kendall Shoe Co. v. RossSupreme Court of Oklahoma · 1911
- Idaho Placer Mining Co. v. GreenIdaho Supreme Court · 1908
- Brown v. HerrickIdaho Supreme Court · 1921
3 more not listed; retrieve them via the Exa API.