Lavelle v. Lowry
Montana Supreme Court
Appeal from Second District, Silver Bow County. The pleadings show that property remained in hands of defendant, and the prayer of the answer is only for costs. The judgment for return of property, or payment of its value, $450, was erroneous. Gould v. Scanned, 13 Cal. 430. Answer should have alleged delivery of property to plaintiffs and sustained it by proof to warrant the judgment.
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Appeal from Second District, Silver Bow County. The pleadings show that property remained in hands of defendant, and the prayer of the answer is only for costs. The judgment for return of property, or payment of its value, $450, was erroneous. Gould v. Scanned, 13 Cal. 430. Answer should have alleged delivery of property to plaintiffs and sustained it by proof to warrant the judgment. Nickerson v. Ohatterton, 7 Cal. 568; Sterling v. Hanson, 1 Cal. 478; Gregory v. Nelson, 41 Cal. 278. A fact contained in findings of court which contradicts admissions of pleadings will not be regarded, and no…
1Opinion of the CourtWade, C. J.
This is an action of claim and.delivery, and involves the ownership and right.of possession to six certain oxen, described in the complaint. The plaintiffs allege title and the wrongful taking of said property from their possession by the defendant. The defendant denies the_ title and possession of plaintiffs, alleges title and possession in a third person, and justifies his seizure and possession of the property as sheriff of the county,' under and by virtue of writs of attachment lawfully issued in actions by such third person.
The cause was tried to the court, and there were findings of…
2Cases cited2 opinions
- Underwood v. WhiteIllinois Supreme Court · 1867
- Herrick v. HodgesCalifornia Supreme Court · 1859
3Cited by2 opinions
- Ulrich v. McConaugheyNebraska Supreme Court · 1901
- Wheeler v. JonesMontana Supreme Court · 1895