Carpenter v. Lingenfelter
Nebraska Supreme Court
Error from the district court of Pierce county. Tried below before Allen, J. The facts are stated in the opinion. The court erred in giving the sixth and seventh instructions on its own motion and in refusing the first instruction requested by plaintiffs.
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Error from the district court of Pierce county. Tried below before Allen, J. The facts are stated in the opinion. The court erred in giving the sixth and seventh instructions on its own motion and in refusing the first instruction requested by plaintiffs. (Cobbev, Replevin, secs. 395, 396; Baker v. Meiseh, 29 Neb., 227; Hungerforcl v. Bedford, 29 "Wis., 345; Wells, Replevin, secs. 85, 88; Gillespie v. Saioyer, 15 Neb., 536; Fremont Ferry & Bridge Go. v. Dodge County, 6 Neb., 25; Boy v. MePherson, 11 Neb., 200; State v. Graham, 21 Neb., 329.) In replevin, where a recovery of the value of the…
1Opinion of the CourtNorval, C. J.
This is an action in replevin by Elmer Carpenter, John Carpenter, and I. W. Peed against Mary E. Lingenfelter and D. C. Lingenfelter, to recover the possession of 157 tons of hay. The property was taken under the writ, and possession thereof delivered to the plaintiffs. The defendants recovered a verdict and judgment for the value of the hay in the sura of $350, and $5 damages for withholding possession. The plaintiffs prosecute a petition in error.
The testimony introduced by the plaintiffs tends to show that one Hugh Spencer, who was the owner of the southwest quarter of section 28, township…
2Cases cited5 opinions
- Wetherbee v. GreenMichigan Supreme Court · 1871
- Hungerford v. RedfordWisconsin Supreme Court · 1872
- Single v. SchneiderWisconsin Supreme Court · 1872
- Single v. SchneiderWisconsin Supreme Court · 1869
- Baker v. MeischNebraska Supreme Court · 1890
3Cited by16 opinions
- State v. WatkinsNebraska Supreme Court · 1988
- Kirby Lumber Co. v. Temple Lumber Co.Texas Supreme Court · 1935
- Andrews v. BrownTexas Commission of Appeals · 1928
- Bozeman Mortuary Association v. FairchildCourt of Appeals of Kentucky (pre-1976) · 1934
- Ambrozi v. FryNebraska Supreme Court · 1954
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