Parketon v. PugsLey
Missouri Court of Appeals
Appeal from Stoddard Circuit Court. — Eon. James L. Fort, Judge. (1) The court erred in refusing defendant’s instruction in the nature of a demurrer to the evidence, because the plaintiff failed entirely in proving the cause of action alleged in his petition. Ranning v. Railroad, 157 Mo. 477; State ex rel. v. O’Neil, 78 Mo.
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Appeal from Stoddard Circuit Court. — Eon. James L. Fort, Judge. (1) The court erred in refusing defendant’s instruction in the nature of a demurrer to the evidence, because the plaintiff failed entirely in proving the cause of action alleged in his petition. Ranning v. Railroad, 157 Mo. 477; State ex rel. v. O’Neil, 78 Mo. App. 20; Priest v. Way, 87 Mo. 16. (2) The property exceeding $310 in value, and there being a greater number of the articles specifically exempt, viz.: horses and cattle, than the law allowed him, it was all primarily subject to levy and became exempt only after plaintiff…
1Opinion of the CourtNortoni, J.
This is a suit in conversion. Plaintiff recovered and defendant appeals. The controversy arises out of the sale of plaintiff’s property by the constable under execution at the instance and request of defendant. The case proceeds upon the theory that the property levied upon and sold by the constable at the instance of defendant was exempt from execution and therefore defendant should compensate plaintiff on account of the wrong done in directing the constable to sell the same. It appears the present defendant sued the present plaintiff and recovered a judgment against him on an account for…
2Cases cited30 opinions
- Alsup & Thompson v. JordanTexas Supreme Court · 1887
- Osborne v. SchuttSupreme Court of Missouri · 1878
- Murray v. MaceNebraska Supreme Court · 1894
- Stotesbury v. KirtlandMissouri Court of Appeals · 1889
- Haswell v. ParsonsCalifornia Supreme Court · 1860
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3Cited by2 opinions
- Dancer v. ChenaultMissouri Court of Appeals · 1975
- State ex rel. Woodrome v. FreemanMissouri Court of Appeals · 1913