McIntosh v. Smiley
Missouri Court of Appeals
Appeal from Buchanan Circuit Court. — Hon. Oliver W. Spencer, Judge. Certified to Supreme Court. The case is stated in tlie opinion. (1) Appellant asks that the judgment of the circuit court be reversed on account of the following errors committed by said court: The court committed error in giving the instruction by which the jury was directed to find for defendant. The case must go to the jury.
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Appeal from Buchanan Circuit Court. — Hon. Oliver W. Spencer, Judge. Certified to Supreme Court. The case is stated in tlie opinion. (1) Appellant asks that the judgment of the circuit court be reversed on account of the following errors committed by said court: The court committed error in giving the instruction by which the jury was directed to find for defendant. The case must go to the jury. The evidence not only tends to prove piaintifi!’s cause of action, but is direct, positive, strong and nncontroverted and makes a strong case. Matthews v. Grain Co., 50 Mo. 149; Bowen v. Lazalere, 44…
1Opinion of the CourtHall, J.
— This was an action of replevin. The answer admitted the taking of the property and justified the same under a writ of attachment, issued in favor of William Orr against Wallace McIntosh by Thomas N. Leasure, a justice of the peace, directed to the defendant as constable.
It appeared from the evidence introduced for the-plaintiff that he had purchased the property in dispute-of Wallace McIntosh, his son, on February 8, 1887, and that the property remained in the possession of the son until about February 20, on which day the plaintiff put one Albert Cure in possession of the property as his…
2Cases cited6 opinions
- Blake v. GravesSupreme Court of Iowa · 1865
- Read v. WilsonIllinois Supreme Court · 1859
- Calkins v. LockwoodSupreme Court of Connecticut · 1844
- Cruikshank v. CogswellIllinois Supreme Court · 1861
- Franklin v. GumersellMissouri Court of Appeals · 1881
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Williams v. KirkMissouri Court of Appeals · 1897
- Harrison v. South Carthage Mining Co.Missouri Court of Appeals · 1902
- Toney v. GoodleyMissouri Court of Appeals · 1894
- McIntosh v. SmileySupreme Court of Missouri · 1891
- First National Bank v. Kansas City Lime Co.Missouri Court of Appeals · 1891
6 more not listed; retrieve them via the Exa API.