Ross v. Berry
New Mexico Supreme Court
Appeal from the District Court, Fourth Judicial District; Territory of New Mexico, County of Colfax. Without demand, it was error for the court to find for appellee and render judgment in his favor. Cobbey on Replevin, sec. 481; Badger v. Phinney, 15 Mass., 364; Barnes v. Gardner, 26 N. W., 858; Wheeler & Wilson M. ■Co. v. Tertzlaff, 10 N. W., 155; 34 Cyc. 1404; State to Use, etc. v. Daily, 7 Mo.
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Appeal from the District Court, Fourth Judicial District; Territory of New Mexico, County of Colfax. Without demand, it was error for the court to find for appellee and render judgment in his favor. Cobbey on Replevin, sec. 481; Badger v. Phinney, 15 Mass., 364; Barnes v. Gardner, 26 N. W., 858; Wheeler & Wilson M. ■Co. v. Tertzlaff, 10 N. W., 155; 34 Cyc. 1404; State to Use, etc. v. Daily, 7 Mo. App. 548. The law requires only such formality of a transfer of dominion, or placing the donee in a position to assume ■dominion as will carry out the intention of the donor. Waite v. Grubbe, et ux,…
1Opinion of the Court
OPINION OF THE COURT.
PARKER, J".
This is an action of replevin, and heretofore upon motion, the Bill of Exceptions was stricken ■from the record by the Territorial Supreme Court. The inquiry here then is .limited to questions arising on the-pleadings, findings of fact, and conclusions of law.
The first assignment questions the action of the Court in refusing to strike out the second amended complaint of appellee. The motion to strike out was founded upon two propositions, viz: (1) that the same was illegally filed because not authorized-by leave of the Court first had and obtained; (2) that…
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