...damages. The trial court submitted the case to the jury upon two special issues. One inquired if the money were 'lost' property, and the other inquired if the money were 'mislaid' property. The jury...answered the money was 'mislaid' property, and upon that verdict the trial court rendered judgment in favor of the defendant as bailee for the true owner. Upon appeal the Court of Civil Appeals reversed the...trial court's judgment and rendered judgment for the respondent against the defendant for the money. The Court of Civil Appeals held that the money constituted neither 'lost' nor 'mislaid' property, but...

.... Personal property — Abandoned or mislaid property — Employers and employees — Employer's right to title of mislaid ...jewelry, on the top of the hospital information desk, the container and its contents are considered "mislaid property," as opposed to "lost property"; thus, title of the container and its contents.... "3. The court erred in finding that the jewelry in question was lost property. "4. The court erred in finding that the jewelry was not mislaid property. "5...

...found property: (1) abandoned property, (2) lost property, (3) mislaid property, and (4) treasure trove; the rights of a finder of property depends on how the found property is classified...the premises where it is found. 15. Property — "mislaid property" — Definition — "Mislaid property" is that which is intentionally put into a certain place and later...forgotten; the place where money or property claimed as lost is found is an important factor in the determination of the question of whether it was lost or only mislaid; but where articles are accidentally...

...involuntary; there can be no intent to part with the ownership of lost property. Mislaid property is property which the owner voluntarily and intentionally laid down in a place where he can again resort to it...general common-law rule is that the finder of mislaid property on premises of another acquires no special property in it and that the right of possession as against all except the true owner is in the...owner or occupant of the premises where the property is discovered. This rule is based on the legal fiction that mislaid property is presumed to have been left in the custody of the owner or occupier...

.... All three parties claimed the money as against the true owner. After a bench trial, the district court held that the currency was mislaid property and belonged to the owner of the plane. The court...mislaid property. The court awarded the money to the bank, holding that it was entitled to possession of the money to the exclusion of all but the true owner. The court also held that Benjamin was a...property was treasure trove or was lost or abandoned rather than mislaid, thereby entitling the finder to the property. The bank and Lindner Aviation cross-appealed. Lindner...

.... TANZER, J. Defendant appeals from a conviction of second degree theft of lost or mislaid ...: "(1) Takes, appropriates, obtains or withholds such property from an owner thereof; or "(2) Commits theft of property lost, mislaid...reason to know to have been lost, mislaid or delivered under a mistake as to the nature or amount of the property or the identity of the recipient, commits theft if, with intent to deprive the owner...

...the brief for appellee. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Theft of Lost or Mislaid Property — Statutory...and Common-law Crime Compared. The statutory broadening of the common-law crime of theft of lost or mislaid property does not indicate the legislature's intent to remove theft of lost...or mislaid property from its traditional and well-recognized role as a form of larceny. Theft of lost or mislaid property (K.S.A. 21-3703) and theft (K.S.A. 21-3701) are both forms of the same crime of...

...of lost or mislaid property. 720 ILCS 5/16-2. A person violates the statute where he obtains control over lost or mislaid property and "(a) … knows, or is aware of, or learns of a...the use or benefit of the property." Id. A judicial officer determined that probable cause existed to detain Barnett for theft of lost or mislaid property. In total, Barnett was detained for...theft of lost or mislaid property. At a post-trial hearing two months later, however, the trial court acquitted him. The court reasoned that the scooter, which Kulisek had testified at trial was...

...statements to him? 3. Did the District Court err in refusing Smith's proposed jury instructions on theft of lost or mislaid property? 4...), M.R.Evid. 3. Did the District Court err in refusing Smith's proposed jury instructions on theft of lost or mislaid property? Faced..." of theft of lost or mislaid property, a misdemeanor. He also submitted a series of proposed jury instructions on that offense, all of...

... Theft of lost or mislaid property. Hall Superior Court. Before Judge Fuller. Leo E. Benton, Jr., for...the jury's verdict that Shannon was guilty of theft of lost or mislaid property. Under OCGA § 16-8-6, A person commits the offense of theft of lost or mislaid property when he...comes into control of property that he knows or learns to have been lost or mislaid and appropriates the property to his own use without first taking reasonable measures to restore the property to the...

...Theft of Lost or Mislaid Property — Failure to Instruct on Lesser Included Offenses — Clearly Erroneous Standard of Review. When...a party does not request that an instruction be given for either theft or theft of lost or mislaid property, an appellate court reviews this issue under the clearly erroneous standard. The failure to...property is not a lesser included crime of robbery or aggravated robbery. 8. SAME — Robbery or Aggravated Robbery — Lesser Included Offense of Theft of Lost or Mislaid Property. Theft...

...concurred in the judgment. ORDER ¶ 1 Held: Defendant was not proven guilty of the theft of lost or mislaid property beyond a reasonable.... ¶ 2 Defendant Allen Montgomery was found guilty after a bench trial of the theft of lost or mislaid property (720 ILCS 5/16-2 (West 2012)), and sentenced to one year of supervision.... Montgomery contends that he was not proven guilty beyond a reasonable doubt of the theft of lost or mislaid property because the facts established at trial "do not rise to the level of violating...

...money as a matter of law, because (1) the money was "mislaid" rather than "lost," and (2) "mislaid" property belongs to the owner of the premises rather than to the finder. The first premise is correct.... Mislaid property is intentionally put down by the owner and then forgotten, while lost property is property which the owner has parted with casually and involuntarily. See Foulke v. New York Consol...on a shelf six feet above the ground. We find no basis, however, for the assertion that mislaid property goes to the owner of the premises, rather than to his tenant. The New York...

...used in that statute. The bank contends that, under the common law, the money was mislaid by its owner rather than lost, and that the estray statute does not apply to mislaid property. In the...statute and an analysis of the extent to which the common law concepts of lost and mislaid property apply to the statute. The estray statute provides in sections 27 and 28..., after the passage of the requisite time, to acquire legal title to the property they have found. (See Comment, Lost, Mislaid, and...

...of theft of lost or mislaid property, ORS 164.065, possession of a controlled substance, ORS 475.992, and supplying contraband by introducing it into a correctional facility, ORS 162.185. She appeals...

.... B. Mislaid/Lost Property Huerta also claims a right to possession of the currency under a common law "treasure..."lost" and "mislaid" property. Id. Accordingly, we examine Huerta's claim to the currency as either lost or mislaid property. Id. Mislaid property includes..."property which the owner intentionally places where he can again resort to it, and then forgets." Id. It is presumed that the owner or occupier of the premises on which the mislaid property is found...

...in the particular case; the Arkansas Supreme Court uses the classifications of found property that were used at common law: abandoned, lost, mislaid, and treasure trove. 2...to keep it against all the world but the rightful owner. 4. PROPERTY — MISLAID PROPERTY — DEFINED DISCUSSED. — Mislaid property is property that is intentionally put into a...certain place and later forgotten; mislaid property is presumed to have been left in the custody of the owner or occupier of the premises upon which it is found; a finder of mislaid property acquires no...

...). Even lost property may be the subject of larceny, and a fortiori property which has been merely mislaid. In the present case a...that inasmuch as the facts were undisputed, the trial court properly treated the case as one of property mislaid. The constructive possession of mislaid property remains in the owner, notwithstanding...its actual custody may be in another, in whose shop or car it has been left. Accordingly, if the finder of such property, knowing it to be mislaid or left by mistake, takes it with felonious intent to...

.... DISTINCTION BETWEEN "LOST PROPERTY" AND "MISLAID PROPERTY" AT COMMON LAW. At common law ...involuntarily parted with, so that the mind had no impress of and could have no knowledge of the parting. Mislaid property was that which the owner had voluntarily and intentionally placed and then...v. Fidelity Safe Deposit Co., 264 Mo. 89; Silcott v. Louisville Trust Co., 205 Ky. 234.) In the case of mislaid property discovered...

...alternative to a summary adjudication under section 644.12. When a declaratory judgment action is utilized to settle ownership of lost or mislaid property and that action proceeds to a final judgment, this...court may review such judgment pursuant to Iowa Rule of Civil Procedure 267. II. Ownership of Lost or Mislaid Property. The rights of finders of.... Eldridge v. Herman, 291 N.W.2d 319, 323 (Iowa 1980). Mislaid property is that which the owner has voluntarily...