McCone v. Eccles
Nevada Supreme Court
Appeal from Fourth Judicial District Court, Elko County; E. J. L. Taber, Judge. Action by A. J. McCone against David C. Eccles. From judgment for plaintiff and from order denying new trial, defendant appeals. The plaintiff in a replevin suit must not allege, but must prove, by a preponderance of the evidence, that he is entitled to the immediate possession of the property at the time the action is commenced.
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Appeal from Fourth Judicial District Court, Elko County; E. J. L. Taber, Judge. Action by A. J. McCone against David C. Eccles. From judgment for plaintiff and from order denying new trial, defendant appeals. The plaintiff in a replevin suit must not allege, but must prove, by a preponderance of the evidence, that he is entitled to the immediate possession of the property at the time the action is commenced. Kipp v. Silverman, 64 Pac. 884; Gallick v. Bordeaux, 78 Pac. 583; Strong v. Morgan, 67 Pac. 448; Frank v. Symons, 88 Pac. 561. The assignment of the contract was the best evidence.…
1Opinion of the Court
By the Court,
Coleman, C. J.:
On October 25, 1916, the respondent commenced this action in claim and delivery to recover the possession of certain specific personal property. To the complaint an answer was filed denying ownership of the property in the plaintiff, and pleading title thereto in defendant. *454Defendant also pleaded the statute of limitations. This is an appeal from a judgment in favor of plaintiff, and from an order denying a motion for A new trial.
The facts are these: On June 1, 1912, the Nevada Engineering Works, a corporation (hereafter designated the company), entered into a…
2Cases cited4 opinions
- Morrill v. Tehama Consolidated Mill & Mining Co.Nevada Supreme Court · 1875
- Robinson v. Imperial Silver Mining Co.Nevada Supreme Court · 1869
- Lewis v. BrowningMassachusetts Supreme Judicial Court · 1881
- Todman v. PurdyNevada Supreme Court · 1869
3Cited by6 opinions
- McCall v. CarlsonNevada Supreme Court · 1946
- Sala & Ruthe Realty, Inc. v. CampbellNevada Supreme Court · 1973
- Thomsen v. GlennNevada Supreme Court · 1965
- S & S Carpets v. Valley Bank of NevadaNevada Supreme Court · 1978
- Heffern v. VernarecciNevada Supreme Court · 1976
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