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Conklin v. Carver

Conklin v. Carver and Another

Conklin v. Carver, 19 Ind. 226 (1862)
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Court
Indiana Supreme Court · State Highest Courts
Decided
November 15, 1862
Judges
Hanna
Citations
19 Ind. 226
Headnotes
The- act of January 27, 1853, supplemental to an act concerning liens-of mechanics, etc., only applies to persons whose business it is to feed cattle, etc., and was not intended to include an isolated ease of feeding, etc.
Summary
APPEAL from the Fayette Circuit Court.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Hanna

Text extracted by OCR from a scanned original; check the original for exact wording.

Hanna, J.

Suit by the appellant to recover the value of a horse colt, averred to have been taken, sold, and converted to their use by the defendants.

Answer. 1. That the defendants were farmers; that the plaintiff, in November, placed with them two colts, to be kept, fed, etc., until the first day of March, etc. The answer then sets out such facts as constitute a defense, if the statute of January 27,1853, supplemental to an act concerning liens of mechanics, etc., includes a case like this. Acts, p. 86.

It is insisted, that no one is entitled to the benefit of a lien, under the statute, unless he is a livery stable keeper, or his business that of feeding horses, etc. It is not alleged that such was the business of the defendants, nor that they were engaged in feeding, etc., any further than the allegation that they undertook to feed for the plaintiff, tends to show that fact.

¥e are of opinion that it should have been alleged and shown that the business of the defendants was to feed, etc., and that this statute was not intended to include an isolated case like this.

The demurrer should have been sustained to the answer.

Per Curiam.

The judgment is reversed, with costs. Cause remanded.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1882–1883: 218822026peak 1882 · 2

Relies on it most ⓘ

  1. Kelsey v. Layne28 Kan. 218 (1882)
  2. Bunnell v. Davisson85 Ind. 557 (1882)

Most recent

  1. Bunnell v. Davisson85 Ind. 557 (1882)
  2. Kelsey v. Layne28 Kan. 218 (1882)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

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