Burt v. Mears
Missouri Court of Appeals
Error to the Adair Circuit Court. — Hon. Andrew Ellison, Judge. (1) The'court erred in sustaining the demurrer to plaintiffs’ • evidence. Its action involves the construction of sections 5180 to 5181 of the Revised Statutes of 1889. These sections have reference to such sales as are made on the condition that the title is to remain in the vender till purchase price is fully paid. Bailey v. Mfg. Co., 88 Mo. 305. But this has nothing to do with the case at bar.
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Error to the Adair Circuit Court. — Hon. Andrew Ellison, Judge. (1) The'court erred in sustaining the demurrer to plaintiffs’ • evidence. Its action involves the construction of sections 5180 to 5181 of the Revised Statutes of 1889. These sections have reference to such sales as are made on the condition that the title is to remain in the vender till purchase price is fully paid. Bailey v. Mfg. Co., 88 Mo. 305. But this has nothing to do with the case at bar. It was a leasing, and nothing from the record discloses any fact from which any other conclusion can be reached. (2) And although Mrs.…
1Opinion of the CourtGill, J.
This case was submitted to the decision of the trial court, without the aid of a jury, and, upon a finding and judgment for defendant, plaintiffs bring the cause here by writ of error. It is an action of replevin for a lot of household goods. The court assessed the value thereof at one hundred dollars, and the plaintiffs having possession thereof at the trial, and the defendant electing to accept the value assessed rather than the return thereof, judgment went against plaintiffs and their sureties on the replevin bond for the said one hundred dollars and costs.
Burt & Gerry, the plaintiffs,…
2Cases cited2 opinions
- Dilworth v. McKelvySupreme Court of Missouri · 1860
- Baldridge v. DawsonMissouri Court of Appeals · 1890
3Cited by4 opinions
- Gentry v. TempletonMissouri Court of Appeals · 1891
- Schneider v. JohnsonMissouri Court of Appeals · 1911
- McWherter v. RandallMissouri Court of Appeals · 1921
- Urquhart v. Sears, Roebuck & Co.Missouri Court of Appeals · 1921