Garth v. Caldwell
Supreme Court of Missouri
Appeal from JR alls Circuit Court. — Hon. John T. Redd,. Judge. This was an action of replevin commenced originally' against Caldwell and one Parsons on the 7th day of December, 1871, to recover several ricks of cordwood, one hundred shocks of corn in the field, thirty shocks of fodder and six acres of corn on the stalk, all alleged by the petition to be upon land occupied by and in the possession of Parsons.
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Appeal from JR alls Circuit Court. — Hon. John T. Redd,. Judge. This was an action of replevin commenced originally' against Caldwell and one Parsons on the 7th day of December, 1871, to recover several ricks of cordwood, one hundred shocks of corn in the field, thirty shocks of fodder and six acres of corn on the stalk, all alleged by the petition to be upon land occupied by and in the possession of Parsons. Parsons did not answer, and plaintiff subsequently dismissed as to him. Caldwell answered, denying title of property in plaintiff, and averring the ownership of the property to be in…
1Opinion of the Court
I
Sherwood, C. J.
1. Bill of Exceptions. There is no bill of exceptions here that we can .regard as such, since the bill which is said to contain the evidence and other proceedings had at the trial, has not been signed by the judge nor otherwise authenticated. On a former occasion, when an alternative writ was asked and granted to compel Judge Redd to produce the original bill of exceptions in this case, or the copy thereof, file the same with the clerk of .the Ralls circuit court, and make an appropriate entry nunc pro tunc, etc., etc., it appeared from the return of the judge, which was not…
2Cases cited2 opinions
- Floyd v. RicksSupreme Court of Arkansas · 1853
- State ex rel. Caldwell v. ReddSupreme Court of Missouri · 1878
3Cited by64 opinions
- Jamieson v. Indiana Natural Gas & Oil Co.Indiana Supreme Court · 1891
- Henry v. SneedSupreme Court of Missouri · 1889
- Grace v. NesbittSupreme Court of Missouri · 1891
- Breckinridge v. American Central InsuranceSupreme Court of Missouri · 1885
- Chouteau v. GibsonSupreme Court of Missouri · 1882
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