Robertson v. Staed
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. Daniel Dillon, Judge. (1) First. The petition in an action of replevin must state that the plaintiff has a general or special property in the subject-matter of the suit. Benedict, etc., Co. v. Jones, 60 Mo. App. 219. Second. A receiver can not sue in a foreign jurisdiction. Ins. Co. v. Needles, 52 Mo. 17; Glenn v. Hunt, 120 Mo. 341; Booth v. Clark, 17 How. (U. S.) 322. (2) The court erred in the admission of testimony.
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Appeal from St. Louis City Circuit Court. — Hon. Daniel Dillon, Judge. (1) First. The petition in an action of replevin must state that the plaintiff has a general or special property in the subject-matter of the suit. Benedict, etc., Co. v. Jones, 60 Mo. App. 219. Second. A receiver can not sue in a foreign jurisdiction. Ins. Co. v. Needles, 52 Mo. 17; Glenn v. Hunt, 120 Mo. 341; Booth v. Clark, 17 How. (U. S.) 322. (2) The court erred in the admission of testimony. Charlotte v. Chouteau, 25 Mo. 465; White v. Chaney, 20 Mo. App. 396; Meyer v. McCabe, 73 Mo. 241; Eofheimer v. Losen, 24 Mo.…
1Dissent
Henry, J.,
in his dissenting opinion, in argument, states the rule thus: ‘ ‘A suit by the receiver to recover property of which he had obtained possession, but which has been taken from him, rests upon a different ground. In such a case his former possession created a special property which will support the action." State ex rel. v. Gambs, 68 Mo. 296. This declaration, while probably not necessary to a decision of the question in *141issue, was not inconsistent with what was said by the majority of the court, and, at least, expresses the ■views of the learned writer.
The rule is thus expressed by…
2Cases cited8 opinions
- Pierce v. IndsethSupreme Court of the United States · 1883
- Lewis v. AdamsCalifornia Supreme Court · 1886
- Cherry v. SpeightTexas Supreme Court · 1866
- Charlotte v. ChouteauSupreme Court of Missouri · 1857
- Barton v. HigginsCourt of Appeals of Maryland · 1875
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