Legal Opinion

North Carolina Land & Lumber Co. v. Boyer

Court of Appeals for the Sixth Circuit

Decided October 2, 1911No. 2,111Published

In Error to the Circuit Court of the United States for the Eastern District of Tennessee. Action at law by the North Carolina Land & Lumber Company against C. E. Boyer, Sheriff. Judgment for defendant, and plaintiff brings error.

1Opinion of the Court

EVANS, District Judge.

The plaintiff brought this action of replevin in the court below to recover from the defendant, the sheriff of Cocke county, Tenn., one Climax engine or locomotive of the value . of $2.500, which the sheriff is alleged to have wrongfully attached as the property of the Catalouchee Company in a suit instituted in the chancery court of Cocke county styled Borehes & Co. v. Catalouchee Company and others. It is averred in the declaration that the defendant unlawfully retained possession of the engine until August 12, 1005. at which time it was turned over to the plaintiff…

2Cases cited8 opinions

  1. Waterman v. MacKenzieSupreme Court of the United States · 1891
  2. Hays v. the Pacific Mail Steam-Ship Co.Supreme Court of the United States · 1855
  3. County of Warren v. MarcySupreme Court of the United States · 1878
  4. Louisville and Jeffersonville Ferry Company v. KentuckySupreme Court of the United States · 1902
  5. Diamond v. Lawrence CountySupreme Court of Pennsylvania · 1861

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