Christian v. Smith
Missouri Court of Appeals
Appeal from the Andrew Circuit Oourt. — lion. P. -Mercer, Special Judge. (1) The court erred in this case in not granting defendant a new trial, for the reason that the evidence in this case does not support the verdict; and defendant’s refused instruction number 10 should have been given. Green’s M. Practice (1 Ed.), p. 399, sec. 1090; Wright v. Railway, 20 Mo. App. loe. cit. 484; Reid v. Ins. Oo., 58 Mo. 422; Brewing Oo. v. Bodemann, 12 Mo. App. 573; Taylor v. Eox, 16 Mo.
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Appeal from the Andrew Circuit Oourt. — lion. P. -Mercer, Special Judge. (1) The court erred in this case in not granting defendant a new trial, for the reason that the evidence in this case does not support the verdict; and defendant’s refused instruction number 10 should have been given. Green’s M. Practice (1 Ed.), p. 399, sec. 1090; Wright v. Railway, 20 Mo. App. loe. cit. 484; Reid v. Ins. Oo., 58 Mo. 422; Brewing Oo. v. Bodemann, 12 Mo. App. 573; Taylor v. Eox, 16 Mo. App. 527; Lionberger v. Pholman, 16 Mo. App. 392. (2) The court erred in giving instruction number 2, on the part of…
1Opinion of the CourtEllison, J.
— This is an action of replevin for a lot of corn standing in the field. The defendant is a constable and held a writ of execution issued on a judgment against plaintiff’s husband. He levied the writ on the corn as the property of the husband. The whole controversy turns on whether this plaintiff was the owner of the land (consisting of 338 acres) and consequently of the corn grown thereon. Fischer v. Johnson, 139 Mo. 433. A trial resulted in plaintiff’s favor.
It appears that the farm was owned by plaintiff’s two brothers who were financially embarrassed and that plaintiff’s husband was the…
2Cases cited9 opinions
- Leete v. State Bank of St. LouisSupreme Court of Missouri · 1893
- Salmon Falls Bank v. LeyserSupreme Court of Missouri · 1893
- Fischer v. JohnsonSupreme Court of Missouri · 1897
- Waverly Timber & Iron Co. v. St. Louis Cooperage Co.Supreme Court of Missouri · 1892
- Sammons v. O'NeillMissouri Court of Appeals · 1895
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3Cited by4 opinions
- Russell v. WyantMissouri Court of Appeals · 1923
- Oil Well Supply Co. v. MetcalfMissouri Court of Appeals · 1913
- McCloud v. Western Union Telegraph Co.Missouri Court of Appeals · 1913
- Taylor v. Brotherhood of Railroad TrainmenMissouri Court of Appeals · 1904