Carroll v. Hancock
Missouri Court of Appeals
Appeal from the Chariton Circuit Court. — Hon. ~W. W. Rucker, Judge. (1) Section 6186, Revised Statutes, 1889, governing practice in justice courts in cases where defendant in replevin gives bond and retains the property, is mandatory.
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Appeal from the Chariton Circuit Court. — Hon. ~W. W. Rucker, Judge. (1) Section 6186, Revised Statutes, 1889, governing practice in justice courts in cases where defendant in replevin gives bond and retains the property, is mandatory. In this instance the value of the property was not found by the jury or adjudged by the justice, yét the judgement was not for that reason void, but only voidable, and the only remedy was by appeal to the circuit court, where on motion of appellant said judgment of the justice should have been vacated. The refusal of the circuit court to do so was error;…
1Opinion of the CourtSmith, P. J.
— This is an action of replevin commenced before a justice of the peace to recover “one male Berkshire hog” valued at - $7. The constable under the writ took the property into his possession and afterwards delivered it back to defendant who was permitted to retain the same upon the execution of a bond with good and sufficient sureties, approved by the constable, conditioned as required by the statute in such cases.
At the trial before the justice, the jury returned a •verdict finding that the plaintiff was entitled to the possession of the hog. There was no finding of the value thereof as…
2Cases cited3 opinions
- Dowdy v. WambleSupreme Court of Missouri · 1892
- State ex rel. Johnson v. DunnSupreme Court of Missouri · 1875
- Robbins v. FosterMissouri Court of Appeals · 1886
3Cited by2 opinions
- State ex rel. South St. Joseph Town Co. v. MosmanMissouri Court of Appeals · 1905
- Munroe v. DoughertyMissouri Court of Appeals · 1916