Hecht v. Heimann
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Hon. James E. Withrow, Judge. In an action of replevin for a number of specific articles, where plaintiff proves title to a part, and defendant to the remainder, the costs should be apportioned equally between them.
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Appeal from the St. Louis City Circuit Court. — Hon. James E. Withrow, Judge. In an action of replevin for a number of specific articles, where plaintiff proves title to a part, and defendant to the remainder, the costs should be apportioned equally between them. Cobbey on Replevin, secs. 1156 and 846; 2 Sedgwick on Damages [8 Ed.], sec. 542; 3 Wait’s Practice, p. 464; Vinal v. Spofford, 139 Mass. 126; Powell v. Hinsdale, 5 Mass. 342; Poor v. Woodbum, 25 Vt. 234; Eield v. Post, 34 N. J. L. 346; Porter v. Willet, 14 Abb. Pr. 319. (1) On this appeal there is only one proposition left open to be…
1Opinion of the CourtBland, P. J.
This suit is replevin for divers articles of personal property, the property (except two articles not found) was taken from the possession of defendant and delivered to plaintiffs by the officer. There was a trial by jury, who rendered the following verdicts:
“We the jury in the above entitled cause find that the following described articles seized by the constable belonged to plaintiffs at the time of the commencement of this suit, and that they were and now are entitled to the possession thereof, to wit: One lot of stocks and dies, one wire cutter, one pump, two stuncheon or Stillson…
2Cases cited12 opinions
- State v. BrooksSupreme Court of Missouri · 1887
- City of St. Louis v. MeintzSupreme Court of Missouri · 1891
- Shed v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1878
- Hoover v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1893
- Vineyard v. LynchSupreme Court of Missouri · 1885
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3Cited by6 opinions
- Stockton v. TesterMissouri Court of Appeals · 1954
- O'Donniley v. KinleyMissouri Court of Appeals · 1926
- Todd v. PetersonWyoming Supreme Court · 1905
- Supreme Council Legion of Honor v. RenickMissouri Court of Appeals · 1900
- Beatty v. ClarksonMissouri Court of Appeals · 1904
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