State ex rel. Jones v. White
Missouri Court of Appeals
Appeal from the Macon Circuit Court. — Hon. Andrew Ellison, Judge. (1) The petition is fatally defective, and fails to state a cause of action in this: It fails to allege that the relators were in possession of the mortgaged property under the mortgage at the time of the attachment; that relators were legally entitled to the possession at the time of the attachment; that thei’e had been any default in the payment of the mortgage debt or any part thereof ; or any breach of…
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Appeal from the Macon Circuit Court. — Hon. Andrew Ellison, Judge. (1) The petition is fatally defective, and fails to state a cause of action in this: It fails to allege that the relators were in possession of the mortgaged property under the mortgage at the time of the attachment; that relators were legally entitled to the possession at the time of the attachment; that thei’e had been any default in the payment of the mortgage debt or any part thereof ; or any breach of the conditions of the mortgage, authorizing the relators to assume possession and control of the mortgaged property; that…
1Opinion of the CourtGill, J.
statement. The plaintiffs sued the defendant White (sheriff of Macon county) and the securities on his official bond, for damages on account of an alleged wrongful levy and conversion of certain plows on which the plaintiffs had a mortgage. At the trial below the circuit court first sustained a demurrer to plaintiffs’ evidence and forced a nonsuit; but subsequently the court sustained plaintiffs’ motion to set aside the judgment of nonsuit and defendants appealed.
The question is, whether or not, under the evi-' dence adduced at the trial, the plaintiffs were entitled to recover. The testimony…
2Cases cited13 opinions
- National Bank v. MatthewsSupreme Court of the United States · 1879
- Board of Commissioners v. ShieldsSupreme Court of Missouri · 1876
- State v. SearcyMissouri Court of Appeals · 1890
- Shewalter v. PirnerSupreme Court of Missouri · 1874
- Land v. ChurchillSupreme Court of Missouri · 1872
8 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Hendricks v. St. Louis Transit Co.Missouri Court of Appeals · 1907
- Chrisman-Sawyer Banking Co. v. Strahorn-Hutton-Evans Commission Co.Missouri Court of Appeals · 1899
- Reames v. Jones Dry Goods Co.Missouri Court of Appeals · 1903
- Straub v. SimpsonMissouri Court of Appeals · 1898