Clute v. Steele
Nevada Supreme Court
Appeal from tbe District Court of the Eighth Judicial District, White Pine County. This was an action of replevin to recover the possession of a wagon, five mules and six sets of harness, said to be worth one thousand, two hundred dollars. The defendants were the constable and attaching creditors referred to in the opinion. The case was tried by jury, and a verdict rendered for the plaintiff.
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Appeal from tbe District Court of the Eighth Judicial District, White Pine County. This was an action of replevin to recover the possession of a wagon, five mules and six sets of harness, said to be worth one thousand, two hundred dollars. The defendants were the constable and attaching creditors referred to in the opinion. The case was tried by jury, and a verdict rendered for the plaintiff. A motion for a new trial having been made by defendants, the Court below granted it; and plaintiff appealed from the order. I. The District Judge held that, as Hanchett continued apparently in possession…
1Opinion of the Court
By the Court,
WHITMAN, J.:
This appeal is from an order granting a new trial. There is no dispute about the facts, which are thus stated by the district judge : “ The facts of this case are, that Hanchett was indebted to Clute for advances made by him for Hanchett. To pay said indebtedness, he sold to Clute the property in controversy in this action, on the twenty-sixth day of April, 1870. Clute took possession of the property, and retained it one day, and then permitted Hanchett to take it back, and keep it in his possession, using it as his own, until June seventh or eighth following; Clute…
2Cases cited6 opinions
- Murray v. RiggsCourt for the Trial of Impeachments and Correction of Errors · 1818
- Kendall v. SamsonSupreme Court of Vermont · 1840
- Hoofsmith v. CopeSupreme Court of Pennsylvania · 1841
- Nelson v. WheelockIllinois Supreme Court · 1867
- Carpenter v. ClarkNevada Supreme Court · 1866
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Moresi v. SwiftNevada Supreme Court · 1880
- Allen v. SteigerSupreme Court of Colorado · 1892
- Marsh v. WadeWashington Supreme Court · 1889
- Western Mining Supply Co. v. QuinnMontana Supreme Court · 1909
- Gaudette v. TravisNevada Supreme Court · 1876
6 more not listed; retrieve them via the Exa API.