Hansard v. Reed
Supreme Court of Missouri
Error to Callaway Circuit Cowrt. The facts sufficiently appear in the opinion of the court. I. The only point raised in the court below and for decision here is as to the assessment of dámages upon the breach “ to prosecute the action with effect.” (See Berghoff v. Heckwolf, 26 Mo. 512; Morris on Replevin, 590 ; Brown v. Parker, 5 Blackf. 291; Rol van v. Stratton, 2 Bibb ; Gibbs v. Bartlett,'2 Watts & Serg. 29 ; Waterman y.
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Error to Callaway Circuit Cowrt. The facts sufficiently appear in the opinion of the court. I. The only point raised in the court below and for decision here is as to the assessment of dámages upon the breach “ to prosecute the action with effect.” (See Berghoff v. Heckwolf, 26 Mo. 512; Morris on Replevin, 590 ; Brown v. Parker, 5 Blackf. 291; Rol van v. Stratton, 2 Bibb ; Gibbs v. Bartlett,'2 Watts & Serg. 29 ; Waterman y. Yea, 2 Wilson, 42; Perrean v. Beran, 5 Barn. & Cress. 284.) Any judgment wliicli is in its nature final is^all tliat the authorities require. ' There was a final judgment…
1Opinion of the CourtSoott, Judge
This was an action on a bond given in a suit for the claim and delivery of personal property. The suit on which the bond Was taken was begun under the act of 1849, before the code of 1855 went into operation. A demurrer having been sustained to the petition filed in the suit on which the bond was taken, there was a judgment for costs against the *474plaintiff, but no assessment of the value of the proporty or of damages for its detention; nor was any return of the property awarded. After this judgment, and during the same term, the court granted the plaintiff leave to amend his petition. From the…
2Cases cited3 opinions
- Lane v. KingsberrySupreme Court of Missouri · 1848
- Berghoff v. HeckwolfSupreme Court of Missouri · 1858
- Collins v. HoughSupreme Court of Missouri · 1858
3Cited by3 opinions
- White v. Van HoutenSupreme Court of Missouri · 1873
- Dunn v. HansardSupreme Court of Missouri · 1866
- Elliott v. BlackSupreme Court of Missouri · 1870