Cole v. Wabash, St. Louis & Pacific Railway Co.
Missouri Court of Appeals
Appeal from Jackson Circuit Court, Hon. Turner A. C-ill, Judge. Statement of case by the court. This suit was begun before a justice of the peace to recover the possession, of three cases of leaf tobacco, which had been shipped by plaintiffs from Erie, Pennsyl vania, to M. P. Troxel. No bond was given and the defendant retained possession’of the property. The case, on appeal to the circuit court, was tried by the court sitting a as jury.
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Appeal from Jackson Circuit Court, Hon. Turner A. C-ill, Judge. Statement of case by the court. This suit was begun before a justice of the peace to recover the possession, of three cases of leaf tobacco, which had been shipped by plaintiffs from Erie, Pennsyl vania, to M. P. Troxel. No bond was given and the defendant retained possession’of the property. The case, on appeal to the circuit court, was tried by the court sitting a as jury. In the absence of a counter abstract of the record by the defendant, we shall assume that the abstract of the record presented by the plaintiff, appellant,…
1Opinion of the CourtHall, J.
— The single question presented by the *447plaintiffs’ abstract of the record and the briefs of both parties, for our determination is, as to the action of the court in refusing the one declaration of law and in giving the other, under the above evidence.
It was error for the court to give the declaration of law, in the nature of a demurrer, to the evidence, under the facts in proof which were admitted by the declaration of law to be true. The question was, were the plaintiffs entitled to the immediate possession of the property, at the institution of this suit against the defendant? The defendant…
2Cases cited9 opinions
- The "Idaho."Supreme Court of the United States · 1877
- Rogers v. . WeirNew York Court of Appeals · 1866
- State v. BurnettSupreme Court of Missouri · 1883
- Higgins v. TurnerSupreme Court of Missouri · 1875
- Matheny v. MasonSupreme Court of Missouri · 1881
4 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Nanson v. JacobSupreme Court of Missouri · 1887
- Dougherty v. ChapmanMissouri Court of Appeals · 1888
- Bollman Bros. v. PeakeMissouri Court of Appeals · 1902
- Thaxter v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1907