Legal Opinion

Hunt v. Thompson

Wyoming Supreme Court

Decided January 12, 1912No. 671PublishedCited by 15 opinions

Ekror to the District Court, Albany County; Hon. Charles E. CarpRntRr, Judge. The action was replevin brought by George H. Hunt against E. Thompson. The material facts are stated in the opinion.- • , No return bf tire property taken upon a writ of replevin can be adjudged to the defendant'under our statute, but the defendant is entitled.only to recover damages if .the finding is in his favor. (Comp.

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Ekror to the District Court, Albany County; Hon. Charles E. CarpRntRr, Judge. The action was replevin brought by George H. Hunt against E. Thompson. The material facts are stated in the opinion.- • , No return bf tire property taken upon a writ of replevin can be adjudged to the defendant'under our statute, but the defendant is entitled.only to recover damages if .the finding is in his favor. (Comp. Stat, Secs. 5010, 5011.) The statute expressly provides that the' plaintiff' may recover damages for the illegal'detention of the property. (Id. Sec. 5016.) But the defendant is not allowed by…

1Opinion of the Court

Potter, Justice.

This was an action of replevin, and it comes to this court on error for the review of a judgment in favor of the defendant’ below. It is conceded that the property described in the petition, consisting of one team of mares, one wagon,- and 'one set of double harness, was taken upon the writ and delivered to the plaintiff. The verdict of the jury was as follows: “We, the jury duly impaneled and sworn to try the issues in-the above entitled action, do find for the de*529fendant, R. Thompson, upon the issues joined in this action; and we do further find that said defendant, L.…

2Cases cited7 opinions

  1. Gregory v. MorrisSupreme Court of the United States · 1878
  2. Schrandt v. YoungNebraska Supreme Court · 1901
  3. Boswell v. First National Bank of LaramieWyoming Supreme Court · 1907
  4. Romberg v. HughesNebraska Supreme Court · 1886
  5. Bigelow v. DoolittleWisconsin Supreme Court · 1874

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3Cited by15 opinions

  1. R. E. B., Inc. v. Ralston Purina Co.Court of Appeals for the Tenth Circuit · 1975
  2. Murray Grayson and Southern Freightways, Inc., a Corporation v. Earold E. WilliamsCourt of Appeals for the Tenth Circuit · 1958
  3. Reynolds v. TiceWyoming Supreme Court · 1979
  4. Walton v. Atlantic Richfield CompanyWyoming Supreme Court · 1972
  5. Willmschen v. MeekerWyoming Supreme Court · 1988

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