Warren v. Cowden
Missouri Court of Appeals
Appeal from. Polk Circuit Court. — Noto. G. E. Skinker, Judge. (1) The plaintiff was entitled to the peremptory instruction to find the issues for him. Secs. 772, 773, 774, 775, and 815, R. S. 1909; Crook v. Peebly, 8 Mo. 344; Wright v. Richmond, 21 Mo. App. 76 ; Howlett v. Erie., 79 Mo. App. 660- Gates v. Crandall, 123 Mo. App. 414. (2) A person taking up animals must show that all the prerequisites of the law have been complied with.
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Appeal from. Polk Circuit Court. — Noto. G. E. Skinker, Judge. (1) The plaintiff was entitled to the peremptory instruction to find the issues for him. Secs. 772, 773, 774, 775, and 815, R. S. 1909; Crook v. Peebly, 8 Mo. 344; Wright v. Richmond, 21 Mo. App. 76 ; Howlett v. Erie., 79 Mo. App. 660- Gates v. Crandall, 123 Mo. App. 414. (2) A person taking up animals must show that all the prerequisites of the law have been complied with. He must show the performance of all the acts which the law required to be performed in order to vest the property in him. Crook v. Peebly, 8 Mo. 344; Wright v.…
1Opinion of the CourtNixon, P. J.
This is an action in replevin originating in a justice’s court. On appeal, plaintiff obtained judgment, and the court, on motion, granted the defendant a new trial. From this order, plaintiff appealed.
On August 6, 1911, plaintiff’s cow entered the premises of the defendant and damaged defendant’s corn. The defendant restrained her and claimed damages and compensation from the plaintiff under Art. 5, Ch. 6 of the Revised Statutes of 1909, concerning “animals restrained from running at large.”' The parties agreed that this law was in force in Polk county, the scene of the action. Section 772 of…
2Cases cited6 opinions
- Smart v. Kansas CitySupreme Court of Missouri · 1907
- Ewart v. PenistonSupreme Court of Missouri · 1911
- Green v. Terminal RailroadSupreme Court of Missouri · 1908
- Lovell v. DavisMissouri Court of Appeals · 1893
- Parker v. BrittonMissouri Court of Appeals · 1908
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- State ex rel. Weldon v. ThomasonTennessee Supreme Court · 1919