George R. Barse Live Stock Commission Co. v. Adams
Court Of Appeals Of Indian Territory
Appeal from the United States Court for the Central District. W. H. H. Clayton, Judge. Action in replevin by the George R. Barse Live Stock Commission Company against J. T. Adams. The court instructed a verdict for defendant, and entered judgment thereon. Plaintiff appeals.
Read the full summary
Appeal from the United States Court for the Central District. W. H. H. Clayton, Judge. Action in replevin by the George R. Barse Live Stock Commission Company against J. T. Adams. The court instructed a verdict for defendant, and entered judgment thereon. Plaintiff appeals. On November 24, 1896, appellant (plaintiff below) filed its action in replevin against appellee (defendant below) for 32 head of three year old heifers, claiming the right thereto under and by virtue of the terms of a mortgage executed to it by one Campbell Russell, a resident of Northern district, Ind. T.; and, the…
1Opinion of the CourtSpringer, C. J.
The error assigned by appellant in this case is in the assessment of the amount recovered in favor of the appellee. The answer of the defendant in this case alleged that the cattle in question were kept, held, and detained for the purpose of securing to the defendant (the appellee) the payment of the sum of $220.50, then due for keeping and wintering 300 head of cattle, and that said sum is still due and unpaid. The jury, under the direction of the court, found for the defendant, and assessed the value of the cattle at $10 per head, which amounted to $320; and, the plaintiff having taken…
2Cases cited3 opinions
- Farmers' Loan & Trust Co. v. St. ClairMichigan Supreme Court · 1876
- Burke v. BirchardWisconsin Supreme Court · 1879
- Guy v. DoakSupreme Court of Kansas · 1891
3Cited by2 opinions
- Sample v. Verner-Kelly Live Stock Commission Co.Missouri Court of Appeals · 1916
- Fields v. SewellSupreme Court of Oklahoma · 1963