Arkansas Valley Land & Cattle Co. v. Mann

Citations

• 130 U.S. 69
• 9 S. Ct. 458
• 32 L. Ed. 854
• 1889 U.S. LEXIS 1726

Syllabus

<p>If the trial court makes-the decision of a motion for a new trial depend upon a remission of-the larger part of the verdict, this is not a re-examination by the court pf facts tried by the jury in a mode not known at the common law; and is no violation of the Seventh Article of Amendment to the Constitution.</p> <p>An order overruling a motion for a new trial after the plaintiff, by leave of courif, has remitted a part of the verdict, is not subject to review by this ■ court upon a writ of error sued out by the party against whom the verdict is rendered.</p> <p>A recital in an instrument between two parties that one party, the owner of' a great number of cattle, had, on the day of its execution, “ sold” the cattle to the other'party,-followed by clauses guaranteeing the title, and providing the inode in which the buyer was to make payment, contains all the elements of an actual sale, as distinguished from an executory contract.</p> <p>A provision in a bill of sale of cattle, that the seller shall retain possession . until, and as security for, the payment of the price, is not inconsistent with an actual sale, by which title passes to the buyer.</p> <p>In trover for the conversion of cattle the plaintiff, proving his case, is entitled tó recover for the value of such calves, the increase of the cows, as were in existence at the time of the demand and conversion.</p> <p>In trover for the conversion of cattle intended for consumption, the plaintiff, if he recover, is entitled to interest on the value of the cattle at the legal rate of .the place of the conversion.-</p>