[DOWNLOAD] "First Nat. Bank v. Perrine Et Al." by Supreme Court of Montana ~ Book PDF Kindle ePub Free

📘 Read Now     📥 Download

eBook details

• Title: First Nat. Bank v. Perrine Et Al.
• Author : Supreme Court of Montana
• Release Date : January 18, 1934
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 65 KB

Description

Claim and Delivery ? Subject of Action Band of Sheep ? Seizure by Plaintiff ? Verdict for Defendant ? Measure of Damages ? Value of Property at Time of Wrongful Taking ? Deductions Allowable, and from What ? Appeal and Error ? Faulty Instructions ? Sufficiency of Objection at Settlement ? Opinions of Supreme Court ? What Does not Constitute Obiter Dictum. Appeal and Error ? Faulty Instructions ? Objection Urged at Settlement Good Even Though Based on Incorrect Principle of Law. 1. Though the rule is that no judgment shall be reversed on appeal for any error in instructions not specifically pointed out and excepted to at their settlement, it does not go to the extent of requiring that the party interposing an objection must also state the correct principle of law upon which it is based; though the objection thereto was based on a wrong principle, if the instruction was actually erroneous, its review is nevertheless proper. Claim and Delivery ? Recovery of Sheep or Value ? Instructions ? Measure of Damages Value at Time of Taking, not at Time of Trial. 2. In an action in claim and delivery to recover a band of sheep or their value, an instruction fixing the measure of damages recoverable as the value of the property as of the date of the trial held erroneous, the measure being its value at the time of the wrongful taking, with interest to the time of trial. Appeal and Error ? Opinions of Supreme Court ? What Does not Constitute Obiter Dictum. 3. Rule announced in Osmers v. Furey, 32 Mont. 581, 81 P. 345, with relation to measure of damages in claim and delivery action, held not dictum, the statement made with relation thereto in the opinion having been pertinent to the issues involved in the case. Claim and Delivery ? Property Involved Band of Sheep ? Where Verdict for Defendant Owners, Plaintiff, Who Seized Animals, Entitled to Deduct Expense of Their Care from Wool Produced, not from Their Value. 4. In a claim and delivery action to recover possession of a band of sheep or their value, an offered instruction that if the jury found for defendants, plaintiffs expense in caring for the animals seized should be deducted from their value, held properly refused, such deduction being allowable only from the gross earnings of the property ? the value of the wool produced. - Page 263 Same ? Plaintiff in Above Action, on Verdict for Defendants, Entitled not Only to Deduct Expense of Care of Animals, but also for Shearing and Cost of Disposing of Wool ? Incorrect Instruction. 5. An instruction in the above action that in the event that verdict went for defendants, plaintiff was entitled to deduct from the damages only the expense incident to the shearing of the sheep, was erroneous, he, in such a case, being entitled to deduct from the value of the wool (or the gross earnings of the property) his legitimate expense in their care and support, their shearing, and the disposition of the wool. Same ? Expense Incurred by Plaintiff Where Verdict for Defendants ? Sufficiency of Showing to Take Question to Jury. 6. Testimony as to the number of sheep which were cared for by plaintiff in an action in claim and delivery and that it would cost from $4.25 to $4.50 a head for their care, held sufficient to take the question of his expenses incident to their care to the jury.

Ebook Free Online "First Nat. Bank v. Perrine Et Al." PDF ePub Kindle