Jeans v. Morrison
Missouri Court of Appeals
Appeal from Newton Circuit Court. — Eon. E. G. Pepper, Judge. The case of Sherrell v. Murray, 49 Mo. App. 233, decided by this court is “on all fours” with this case. The facts are the same except that the animal was replevined from the marshal before sale. The facts there as here were established by uncontradicted evidence. Plaintiff’s ownership of the animal was conceded, thus making a prima facie case for plaintiff.
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Appeal from Newton Circuit Court. — Eon. E. G. Pepper, Judge. The case of Sherrell v. Murray, 49 Mo. App. 233, decided by this court is “on all fours” with this case. The facts are the same except that the animal was replevined from the marshal before sale. The facts there as here were established by uncontradicted evidence. Plaintiff’s ownership of the animal was conceded, thus making a prima facie case for plaintiff. But the evidence was uncontradicted that the animals were running at large and impounded by the city marshal under the ordinance in evidence. The court said: “It is difficult…
1Opinion of the CourtGoode, J.
The marshal of Neosho, Missouri, a city of the fourth class, took up a mare which was straying about the city on July 5, 1901/ and put her in the city pound. He afterwards published notice for ten days of the impounding of the animal, giving an accurate description of her, by printed handbills posted in the hall of the courthouse, in the postoffice of the city and in several other places; likewise by sending out several of the notices by mail.-
The handbills stated where the stock pound was, to-wit, at Brown’s livery stable at the southeast corner of the public square, described the mare as a…
2Cases cited2 opinions
- Gannon v. Laclede Gas Light Co.Supreme Court of Missouri · 1898
- Spitler v. YoungSupreme Court of Missouri · 1876
3Cited by2 opinions
- Evans v. HolmanMissouri Court of Appeals · 1904
- Wripple v. Edward Aaron, Inc.Missouri Court of Appeals · 1934