Dillard v. McClure
Missouri Court of Appeals
Appeal from the Pettis Circuit Court. — Hon. Richard Field, Judge. (1) The petition does not state facts sufficient to constitute a cause of action. It contented itself with merely alleging that they were “entitled to the possession” thereof. That such defect is fatal is held by Mfg. Co. v. Jones, 60 Mo. App. 219, and cases and authorities cited. (2) The verdict and judgment are not responsive to the pleadings and issues.
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Appeal from the Pettis Circuit Court. — Hon. Richard Field, Judge. (1) The petition does not state facts sufficient to constitute a cause of action. It contented itself with merely alleging that they were “entitled to the possession” thereof. That such defect is fatal is held by Mfg. Co. v. Jones, 60 Mo. App. 219, and cases and authorities cited. (2) The verdict and judgment are not responsive to the pleadings and issues. The jury do not find that plaintiffs were entitled to the possession, nor do they find the value of the property or the value of the possession. Possession being the gist of…
1Opinion of the CourtEllison, J.
This is an action in replevin, in which plaintiff obtained judgment for $1,225.73.
Defendant contends that the petition is fatally defective in not alleging that plaintiff had any interest in the property by ownership, or otherwise, but merely alleging that plaintiff was entitled to the possession thereof. The petition, under the authority of Benedict v. Jones, 60 Mo. App. 219, is subject to the objection taken by defendant, but it is relieved of the objection by the answer filed, wherein the nature of plaintiff’s right is asserted. Donaldson v. County of Butler, 98 Mo. 163; Beckman v. Ins.…
2Cases cited6 opinions
- Dilworth v. McKelvySupreme Court of Missouri · 1860
- Huckshold v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1886
- Hickman v. DillMissouri Court of Appeals · 1888
- Donaldson v. County of ButlerSupreme Court of Missouri · 1889
- Beckmann v. Phœnix InsuranceMissouri Court of Appeals · 1892
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3Cited by9 opinions
- American Clay Machinery Co. v. Sedalia Brick & Tile Co.Missouri Court of Appeals · 1913
- Stroud v. MortonMissouri Court of Appeals · 1897
- B-W Acceptance Corp. v. AlexanderSupreme Court of Missouri · 1973
- Donnell v. MillerMissouri Court of Appeals · 1908
- Harmon v. IdenMissouri Court of Appeals · 1901
4 more not listed; retrieve them via the Exa API.