Cowden v. Mills
Idaho Supreme Court
APPEAL from District Court in and for Canyon County, Honorable George H. Stewart, Judge. Action by plaintiff to recover possession of a band of sheep, or in ease a return thereof cannot be had, for the value thereof. From a judgment in favor of plaintiff and an order denying a motion for a new trial defendant appeals.
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APPEAL from District Court in and for Canyon County, Honorable George H. Stewart, Judge. Action by plaintiff to recover possession of a band of sheep, or in ease a return thereof cannot be had, for the value thereof. From a judgment in favor of plaintiff and an order denying a motion for a new trial defendant appeals. This is a companion case of Gowden v. Finney, the facts being substantially the same. cite the same authorities cited in the Cowden-Finney case. cite the same authorities substantially as in the case of Gowden ¶. Finney.
1Opinion of the CourtAilshie, J.
This is an action brought by the respondent against J. C. Mills, Jr., as sheriff of Boise county to recover the sum of $36,866.50 alleged to be the value of a certain band of sheep seized by him on the first day of August, 1903. By stipulation of the respective parties the case was transferred from Boise county to Canyon county, and was there tried before the court without a jury. The answer made by the sheriff admitted the taking and pleaded a justification thereof under notice and sale for the foreclosure of a certain chattel mortgage executed on the thirtieth day of November, 1901, by one…
2Cases cited1 opinion
- Cowden v. FinneyIdaho Supreme Court · 1904
3Cited by1 opinion
- Averill Machinery Co. v. Vollmer-Clearwater Co.Idaho Supreme Court · 1917