Legal Opinion

Denver Onyx & Marble Manuf'g Co. v. Reynolds

Court of Appeals for the Eighth Circuit

Decided January 7, 1896No. 629Published

In Error to the Circuit Court of the United States for the District of Colorado. The defendant in error, John B. Reynolds, brought this action against the plaintiff in error, the Denver Onyx & Marble Manufacturing Company, in the circuit court of the United States for the district of Colorado, to recover the possession of certain blocks of Arizona onyx, marked and numbered as set out in the complaint, amounting, in tlie aggregate, to 540% cubic feet, valued at $0,500. Tlie…

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In Error to the Circuit Court of the United States for the District of Colorado. The defendant in error, John B. Reynolds, brought this action against the plaintiff in error, the Denver Onyx & Marble Manufacturing Company, in the circuit court of the United States for the district of Colorado, to recover the possession of certain blocks of Arizona onyx, marked and numbered as set out in the complaint, amounting, in tlie aggregate, to 540% cubic feet, valued at $0,500. Tlie complaint alleges the plaintiff was lawfully possessed of the property on the 1st day of January, 1803; that he is still…

1Opinion of the Court

CALDWELL, Circuit J udge,

after stating the case as above, delivered the opinion of the court.

As tending to throw some light on its value, the court below permitted a witness to testify, over the objection of the defendant, that it cost a trifle over nine dollars per cubic foot to quarry and lay down at Phoenix, Ariz., by the side of the railroad track for shipment, the Arizona onyx in controversy. It is conceded that, if the onyx had no market value at Phoenix, then the cost of production, and such other facts as had a tendency to show its value, would have been competent. Ruppel v.…

2Cases cited2 opinions

  1. Ruppel v. Adrian Furniture Manufacturing Co.Michigan Supreme Court · 1893
  2. Burrage v. MelsonMississippi Supreme Court · 1873

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