Benedict & Burnham Manufacturing Co. v. Jones
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Hon. Daniel D. Fisher, Judge. In an action for the recovery of specific personal property, the plaintiff must state in his petition the extent of his interest in the property, such allegation being a material one. Cobbey on Replevin, sec. 601; Leyerlev. Hunt, 50 Mo.
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Appeal from the St. Louis City Circuit Court. — Hon. Daniel D. Fisher, Judge. In an action for the recovery of specific personal property, the plaintiff must state in his petition the extent of his interest in the property, such allegation being a material one. Cobbey on Replevin, sec. 601; Leyerlev. Hunt, 50 Mo. App. 541, 546. The petition is in the usual form and is sufficient; it sets forth the cause of action and alleges all facts which the plaintiff had to prove in order to recover. It is certainly sufficient after verdict. Revised Statutes, sec. 6170; Pattison, Forms, sec. 457;…
1Opinion of the CourtRombauek, P. J.
This is an action of replevin brought by the vendor of certain merchandise against the statutory assignee of the vendee. The cause was tried by the court without a jury, and the trial resulted in a judgment for the plaintiff for possession of the property and one cent damages for its detention. The errors assigned by the defendant on this appeal are that the petition fails to state a cause of action, and that, under the uncontroverted facts, the judgment is erroneous.
No demurrer was interposed to the amended petition on which this cause was tried, but at the trial the defendant objected to…
2Cases cited14 opinions
- Pier v. HeinrichoffenSupreme Court of Missouri · 1873
- Hamilton v. ClarkMissouri Court of Appeals · 1887
- Bank of Little Rock v. FisherMissouri Court of Appeals · 1893
- Eads v. StephensSupreme Court of Missouri · 1876
- Staley House Furnishing Co. v. WallaceMissouri Court of Appeals · 1886
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3Cited by5 opinions
- Rankin v. WyattSupreme Court of Missouri · 1934
- Dillard v. McClureMissouri Court of Appeals · 1896
- Stenson v. LancasterMissouri Court of Appeals · 1914
- Donnell v. MillerMissouri Court of Appeals · 1908
- Harmon v. IdenMissouri Court of Appeals · 1901