Beagles v. Beagles
Missouri Court of Appeals
Appeal from Audrain Circuit Court. — Hon. Elliott M. Hughes, Judge. (1) When plaintiff in replevin, having obtained possession of the property, dismisses his suit, the defendant is entitled to a judgment for the return of the property or the payment of its value. The command of the statute is imperative. R. S. 1899, sec. 4474; Callius v. Hough, 26 Mo. 149; Rhoades v. McNultz, 52 Mo. App. 301; Rosentretter v. Brady, 63 Mo.
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Appeal from Audrain Circuit Court. — Hon. Elliott M. Hughes, Judge. (1) When plaintiff in replevin, having obtained possession of the property, dismisses his suit, the defendant is entitled to a judgment for the return of the property or the payment of its value. The command of the statute is imperative. R. S. 1899, sec. 4474; Callius v. Hough, 26 Mo. 149; Rhoades v. McNultz, 52 Mo. App. 301; Rosentretter v. Brady, 63 Mo. App. 398. (2) The code of procedure having abolished the distinction between law and equity, it is immaterial whether the form of action" between husband and wife be at law…
1Opinion of the CourtBarclay, J.
Plaintiff and defendant are husband and wife. They were living apart, pending a suit for divorce between them, at the time this case began. These facts appear in the record but not in the petition.
June 20, 1899, the husband commenced this action in the nature of replevin .against the defendant, his wife, for certain personal property specified in his verified petition. The property includes a lot of household articles such as lace curtains, beds and bedding, carpets, chairs, knives, forks and spoons, stoves and some miscellaneous items of personalty which need not be enumerated. Their value…
2Cases cited20 opinions
- Bensieck v. CookSupreme Court of Missouri · 1892
- Darrier v. DarrierSupreme Court of Missouri · 1874
- Brown v. BowenSupreme Court of Missouri · 1886
- Turner v. ShawSupreme Court of Missouri · 1888
- Woodward v. WoodwardSupreme Court of Missouri · 1899
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3Cited by5 opinions
- Rice, Stix & Co. v. SallySupreme Court of Missouri · 1903
- Smith v. SmithMissouri Court of Appeals · 1957
- Grimes v. ReynoldsSupreme Court of Missouri · 1904
- Montgomery v. MontgomeryMissouri Court of Appeals · 1910
- Bronson v. BradyDistrict of Columbia Court of Appeals · 1906