Harmon v. Iden
Missouri Court of Appeals
Appeal from DeKalb Circuit Court. — Hon. Alonzo D. Burnes, Judge. In order that the plaintiff be entitled to recover, she had a general or special property in the chattels taken, and the right of immediate and exclusive possession. Turner v. Langdon, 85 Mo. 1. c. Ml; Scott v. Riley, 49 Mo. App. 251; Rosentreter v. Brady, 63 Mo. App. 398; Deyerle v. Hunt, 50 Mo. App. 541; Dillard v. McClure, 64 Mo. App. 488; Talbott v. Magee, 59 Mo.
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Appeal from DeKalb Circuit Court. — Hon. Alonzo D. Burnes, Judge. In order that the plaintiff be entitled to recover, she had a general or special property in the chattels taken, and the right of immediate and exclusive possession. Turner v. Langdon, 85 Mo. 1. c. Ml; Scott v. Riley, 49 Mo. App. 251; Rosentreter v. Brady, 63 Mo. App. 398; Deyerle v. Hunt, 50 Mo. App. 541; Dillard v. McClure, 64 Mo. App. 488; Talbott v. Magee, 59 Mo. App. 347; Pier v. Heinrichoffen, 52 Mo. 333, and cases cited; Andrews v. Lynch, 27 Mo. 169; Mfg. Co. v. Jones, 60 Mo. App. 219, and cases cited; Dillard v.…
1Opinion of the CourtSmith, P. J.
This is an action of replevin brought before a justice of the peace. In the circuit court, where it was removed by appeal, the plaintiff had judgment and the defendant appealed. The plaintiff’s statement was to the effect that “she is lawfully entitled to the possession of the following described personal property,” etc. -It conforms exactly to the requirements of the statute — Revised Statutes 1899, section 3901 — and is, therefore, sufficient. Randal v. Buchanan, 61 Mo. App. 445. Had the action been brought in the circuit court instead of before a justice of the peace, the statement would…
2Cases cited4 opinions
- Dillard v. McClureMissouri Court of Appeals · 1896
- Randol v. BuchananMissouri Court of Appeals · 1895
- Benedict & Burnham Manufacturing Co. v. JonesMissouri Court of Appeals · 1895
- Rosentreter v. BradyMissouri Court of Appeals · 1895
3Cited by3 opinions
- Hughes v. HendersonMissouri Court of Appeals · 1902
- Stenson v. LancasterMissouri Court of Appeals · 1914
- Donnell v. MillerMissouri Court of Appeals · 1908