Clinton v. Stovall
Missouri Court of Appeals
Appeal from the Vernon Circuit Court. — Hon. I). P.. Stratton, Judge. Tlie judgment of the court in this case is erroneous, and should be reversed because: First. The defendant in his answer makes no claim to the property as-being his ; from his answer his interest would have to-be guessed at, and to support the judgment rendered he must make claim to the property. See section 7489-Revised Statutes of Missouri of 1889 ; further authority we deem unnecessary to cite. Second.
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Appeal from the Vernon Circuit Court. — Hon. I). P.. Stratton, Judge. Tlie judgment of the court in this case is erroneous, and should be reversed because: First. The defendant in his answer makes no claim to the property as-being his ; from his answer his interest would have to-be guessed at, and to support the judgment rendered he must make claim to the property. See section 7489-Revised Statutes of Missouri of 1889 ; further authority we deem unnecessary to cite. Second. Because the verdict of the jury does not find the value of the property in controversy, nor defendant’s interest in…
1Opinion of the CourtGill, J.
— This is an action of replevin, petition ¡ being in common form, plaintiff giving bond and possession of the property delivered to him. Defendant’s-answer is as follows, omitting the caption :
“ Now comes defendant, and, for answer to plaintiff’s cause of action, denies every allegation therein-, contained. Further answering he says that he has been damaged by the reason of the detention of said property by plaintiff, in being out of the use of the same in-making crops, and in time spent in defending this suit, in the sum of $100, for which and the return of said, property he prays. G. S.…
2Cases cited3 opinions
- Young v. GlascockSupreme Court of Missouri · 1883
- State ex rel. Johnson v. DunnSupreme Court of Missouri · 1875
- Robbins v. FosterMissouri Court of Appeals · 1886
3Cited by1 opinion
- Freeman v. LavenueMissouri Court of Appeals · 1903