Donnell v. Miller
Missouri Court of Appeals
Appeal from Holt Circuit Court. — No». William O. Ellison, Judge. Read plaintiff’s petition as you may, you are unable to find any statement therein that the plaintiff had any interest in the property sued for, by ownership or otherwise, and this is an indispensable allegation in actions of replevin. Dillard v. McClure, 64 Mo. App. 491; Benedict and Burnham Mfg. Co. v. Jones, 60 Mo. App. 220; Harmon v. Iden, 88 Mo. App. 315; McCabe v. Black River Transí.
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Appeal from Holt Circuit Court. — No». William O. Ellison, Judge. Read plaintiff’s petition as you may, you are unable to find any statement therein that the plaintiff had any interest in the property sued for, by ownership or otherwise, and this is an indispensable allegation in actions of replevin. Dillard v. McClure, 64 Mo. App. 491; Benedict and Burnham Mfg. Co. v. Jones, 60 Mo. App. 220; Harmon v. Iden, 88 Mo. App. 315; McCabe v. Black River Transí. Co., 110 S. W. 606; Scott v. Soda Water Co., 110 S. W. 602.
1Opinion of the CourtEllison, J.
This is an action of replevin begun in the circuit court, in which the plaintiff recovered judgment in the trial court.
The petition does not allege ownership, either general or special, in the plaintiff, and for that reason is fatally defective. It does allege that plaintiff was “lawfully entitled to the possession of,” etc., but that, it seems, has been held not to be sufficient. [Benedict v. Jones, 60 Mo. App. 219.] That case has since been cited in Dillard v. McClure, 64 Mo. App. 488, and Harmon v. Iden, 88 Mo. App. 314. We must therefore hold *694that defendant’s objections, on that account,…
2Cases cited3 opinions
- Dillard v. McClureMissouri Court of Appeals · 1896
- Benedict & Burnham Manufacturing Co. v. JonesMissouri Court of Appeals · 1895
- Harmon v. IdenMissouri Court of Appeals · 1901
3Cited by3 opinions
- Dent v. MatthewsMissouri Court of Appeals · 1919
- Stenson v. LancasterMissouri Court of Appeals · 1914
- Donnell v. MillerMissouri Court of Appeals · 1910