Legal Opinion

Beall v. Ingersoll

Missouri Court of Appeals

Decided March 2, 1920PublishedCited by 3 opinions

Appeal from Louisiana Court of Common Pleas. — Hon. Edgar B. Woolfolh, Judge. (1) The pleadings, taken in connection with the record in this case, show that this is a case that could have been tried by a jury without unnecessary delay or complication,- and, therefore, should not have been referred, over the objection of plaintiff, thereby depriving him of his right to a verdict of a jury, as to whether he made any such contract as is plead by the defendant.

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Appeal from Louisiana Court of Common Pleas. — Hon. Edgar B. Woolfolh, Judge. (1) The pleadings, taken in connection with the record in this case, show that this is a case that could have been tried by a jury without unnecessary delay or complication,- and, therefore, should not have been referred, over the objection of plaintiff, thereby depriving him of his right to a verdict of a jury, as to whether he made any such contract as is plead by the defendant. The contract having been established, there is no way by which plaintiff could have combatted defendant’s alleged items of expense.…

1Opinion of the CourtReynolds, P. J.

By his petition in this cause the plaintiff claimed that he was entitled to the possession of certain goods and chattels of the value of $1000, describing them as consisting of a motor boat named "Thelma Lee,” two barges, and tools, lines and equipment pertaining to the motor boat and barges, and charges that the defendant wrongfully took the property from his possession and still unjustly detains it. The prayer is for judgment against the defendant for the recovery of the possession of the goods and chattels and $250_ damages for their taking and detention, and in ca'se a delivery of the…

2Cases cited7 opinions

  1. Dilworth v. McKelvySupreme Court of Missouri · 1860
  2. Dougherty v. CooperSupreme Court of Missouri · 1883
  3. Boutell v. WarneSupreme Court of Missouri · 1876
  4. Lewis v. MasonSupreme Court of Missouri · 1887
  5. Gillham v. KeroneSupreme Court of Missouri · 1870

2 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. Smith v. Ohio Millers Mutual Fire InsuranceSupreme Court of Missouri · 1928
  2. Church v. Richfer Corp.Supreme Court of Missouri · 1981
  3. National Theatre Supply Co. v. ScovillMissouri Court of Appeals · 1929

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