Warwick v. Baker
Missouri Court of Appeals
Appeal from the Sullivan Circuit Court. — How. Gr. D. Burgess, Judge. (1) This was an action of conversion, if anything. Plaintiff recovered judgment for the value of three-steers. The petition fails to state a cause of action. It states mere evidence which the pleader regards as proving a conversion. It does not charge a conversion of the steers by defendants. This is the gist of the action, and the petition is therefore- fatally defective.
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Appeal from the Sullivan Circuit Court. — How. Gr. D. Burgess, Judge. (1) This was an action of conversion, if anything. Plaintiff recovered judgment for the value of three-steers. The petition fails to state a cause of action. It states mere evidence which the pleader regards as proving a conversion. It does not charge a conversion of the steers by defendants. This is the gist of the action, and the petition is therefore- fatally defective. Perry v. Musser, 68 Mo. 477, 480, and authorities cited ; 1 Chitty, PI. [12 Am/EdT] 161; 1 Chitty, PI. [16 Am. Ed.] 181; Bliss, Code PI. [2 Ed.] secs.…
1Opinion of the CourtSmith, P. J.
The only question in this case is whether the petition is sufficient which stated that at the county of Putnam the defendants, ‘ ‘ without leave, forcibly and wrongfully drove away the following described personal property belonging to the plaintiff (description omitted), which was of the value of one hundred and twenty dollars, and that said defendants have not returned the same; that the plaintiff was damaged by the taking and driving away of the property in the sum of one hundred and twenty dollars.”
Tested by the rule of pleading laid down in Stillwell v. Hamm, 97 Mo. 579, which is to the…
2Cases cited9 opinions
- Nanson v. JacobSupreme Court of Missouri · 1887
- State ex rel. Wolff v. BerningSupreme Court of Missouri · 1881
- Williams v. WallSupreme Court of Missouri · 1875
- Stillwell v. HammSupreme Court of Missouri · 1888
- More v. PerrySupreme Court of Missouri · 1875
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3Cited by4 opinions
- Bricker v. StoneMissouri Court of Appeals · 1892
- Proctor v. Home Trust Co.Missouri Court of Appeals · 1926
- Moore v. SimmsMissouri Court of Appeals · 1891
- Twentieth Century Machinery Co. v. Excelsior Springs Mineral Water & Bottling Co.Supreme Court of Missouri · 1918