Regli v. McClure
JOSEPH REGLI and THEODORE PLEISCH v. SAMUEL McCLURE, Sheriff of the County of Sutter
- Area
- civil
Analysis
No analysis yet. When one exists it is a model's reading of this opinion — the rulings it reviewed, whether it agrees with the court, and the authorities it checked — shown beside the court's own disposition, never in place of it. How analyses are made.
Opinion
By the Court;
The verdict of the jury should have been set aside by the Court below. The circumstances disclosed by the evidence do not amount to that change of possession required by the statute. The conflict in the evidence as to the alleged fraud in the sale of the cattle, if indeed there be any conflict at all, is not substantial in its character. The sale was plainly fraudulent. The jury must have misunderstood the testimony in the case. The verdict can be accounted for in no other way.
.Judgment reversed, and cause remanded for a-new trial. Remittitur forthwith.
Cited by
- Kennedy v. Conroy Sac. No. 58 · 1896-04-28