Legal Opinion

Moran v. Plankinton

Supreme Court of Missouri

Decided October 15, 1876PublishedCited by 22 opinions

Jippeal from. Jackson County Circuit Court. Wallace Pratt <$• Frank B. Huff, for Defendants in Error, cited: Wagner vs. Jacoby, 26 Mo. 532 ; Elaherty, Adm’r, vs. Taylor, 35 Mo. 447 ; 15 Johns. N. Y. 229 ; 16N. Y. Court of Appeals, 548 ; 16 Johns. N. Y., 121-136 ; 12 Wis, 544 ; 1 Wend., 487 ; 10 Eng. Com. Law (3 Barn. & Ores.), 235 ; 8 Wend. 492; 13 Wend. 644; 15 Wend. 557 ; 2 Cow. & Hill's Notes (Ed. 1839), 842, and cases cited; 15 Johns.

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Jippeal from. Jackson County Circuit Court. Wallace Pratt <$• Frank B. Huff, for Defendants in Error, cited: Wagner vs. Jacoby, 26 Mo. 532 ; Elaherty, Adm’r, vs. Taylor, 35 Mo. 447 ; 15 Johns. N. Y. 229 ; 16N. Y. Court of Appeals, 548 ; 16 Johns. N. Y., 121-136 ; 12 Wis, 544 ; 1 Wend., 487 ; 10 Eng. Com. Law (3 Barn. & Ores.), 235 ; 8 Wend. 492; 13 Wend. 644; 15 Wend. 557 ; 2 Cow. & Hill's Notes (Ed. 1839), 842, and cases cited; 15 Johns. N. Y. 432; 16 N. Y. 548; Rice vs. King, 7 Johns. 20 ; McKnight vs. Dunlap, 4 Barb. (N. Y.), 36.

1Opinion of the CourtSherwood, C. J.

The plaintiff- had seventeen hogs stolen from him ; search being made his son discovered thirteen of them in the possession of the defendants, at their packing-house. The whole number, however, had been sold to defendants, who were innocent purchasers for full value. Plaintiffs, on discovering that thirteen of his hogs were in possession of defendants, went to their packing house, found six of his hogs killed, but not cut up, and replevied'them with damages for detention.

At the time plaintiff brought replevin, defendants had so cut up and otherwise disposed of the remaining eleven hogs, by…

2Cases cited2 opinions

  1. Farrington v. PayneNew York Supreme Court · 1818
  2. Risley v. SquireNew York Supreme Court · 1869

3Cited by22 opinions

  1. Och v. Missouri, Kansas & Texas Railway Co.Supreme Court of Missouri · 1895
  2. Fowler v. WoodSupreme Court of Kansas · 1906
  3. Donnell v. WrightSupreme Court of Missouri · 1899
  4. Wheeler Savings Bank v. TraceySupreme Court of Missouri · 1897
  5. Funk v. FunkMissouri Court of Appeals · 1889

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