74 P. 432 | Utah | 1903
This action was brought to recover the value of certain goods and chattels which the plaintiff claims the sheriff wrongfully converted to his own use, and to recover damages because of such conversion. From the record it appears that the property in question consisted of the contents of a saloon and fixtures. The sheriff, about September 20, 1900, it seems, levied upon the property, and took the same into his possession by virtue of a writ of attachment issued in an action wherein Idelman Bros, were plaintiffs and B. K. Brock-meyer was defendant. At the time of the levy the goods were in the possession of the plaintiff, who claimed to have purchased them from B. K. Brockmeyer, who is the wife of F. W. Brockmeyer. The latter, it appears, up to the time of the álleged sale, was running the saloon for his wife, and he claims to have negotiated said sale for her as her agent. When the levy was made, the plaintiff had been in possession and running the saloon for about a week. The jury at the trial of this cause returned a verdict in favor- of the plaintiff, and the defendant appealed.
The judgment must therefore be reversed, with costs, and the cause remanded, with directions to the court below to grant a new trial. It is. so ordered.