Rollins v. Duncombe
Wyoming Supreme Court
Error to District -Court, Uinta County; David H. Craig, Judge. Action by Joseph Duncombe against C. L. Rollins, Sr., and another, for the recovery of money paid in purchase of certain sheep from defendant, the title of which were in another. Other material facts are stated in the opinion. The evidence offered as to the identity of the sheep was incompetent and should have been precluded.
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Error to District -Court, Uinta County; David H. Craig, Judge. Action by Joseph Duncombe against C. L. Rollins, Sr., and another, for the recovery of money paid in purchase of certain sheep from defendant, the title of which were in another. Other material facts are stated in the opinion. The evidence offered as to the identity of the sheep was incompetent and should have been precluded. (Jones on Evi. 2nd Ed., Sec. 297, p. 375; Jones on Evi., Secs. 344, 345.) The judgment and verdict should be reversed on account of errors in admitting incompetent evidence. (Armour & Co. v. Kollmeyer, 16 E.…
1Opinion of the Court
Scott, Justice.
This action was brought by defendant in error, hereinafter called plaintiff, to recover from plaintiffs in error, hereinafter called defendants, moneys paid by plaintiff to defendant as the purchase price for certain sheep sold and delivered by defendants to plaintiff and afterwards claimed by plaintiff to be the property of the Chesney Sheep Company, a partnership, and not the property of the defendants when sold and delivered by defendants to plaintiff, and that plaintiff had been obliged to return the sheep to the Chesney Sheep Company. The case was tried to a jury which…
2Cases cited6 opinions
- Jenkins v. StateWyoming Supreme Court · 1913
- Koppala v. StateWyoming Supreme Court · 1907
- Callahan v. HouckWyoming Supreme Court · 1905
- Iowa State Savings Bank v. HenryWyoming Supreme Court · 1913
- Downing v. StateWyoming Supreme Court · 1902
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Cadoma Sheep Co. v. DoughaardWyoming Supreme Court · 1930
- State v. DieringerWyoming Supreme Court · 1985
- State v. DieringerWyoming Supreme Court · 1985