Cuneo v. Freeman
Cuneo v. Freeman
Opinion of the Court
This action in replevin is brought to recover the possession of three taxicabs, originally the property of one Montani. The record presented by the return is very meager, and consists of certain concessions which the respective attorneys made. Erom the concessions it appears that the plaintiffs were the keepers of a garage in which Montani kept the taxicabs, and that they claim a lien upon the taxicabs.
Upon the record before us, it seems that the plaintiffs had the actual possession of the'taxicabs, and that they were therefore in a position to assert their lien, unless they were barred from so doing by the judgment in foreclosure.
As the defendants have not established that the judgment was res adjudicata, it follows that the judgment must be reversed, and a new trial ordered, with costs to the appellants to abide the event. All concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.