Brunswick-Balke-Collender Co. v. Kraus
Missouri Court of Appeals
Appeal from Nodaway Circuit Court. — Now. William G. Ellison, Judge. (1) The statute requires that every action shall be prosecuted in the name of the “real party in interest.” R. S. 1899, sec. 540. Appellant’s demurrer to the evidence at the close of respondent’s case should have been sustained and error was committed by the court in refusing to do so.
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Appeal from Nodaway Circuit Court. — Now. William G. Ellison, Judge. (1) The statute requires that every action shall be prosecuted in the name of the “real party in interest.” R. S. 1899, sec. 540. Appellant’s demurrer to the evidence at the close of respondent’s case should have been sustained and error was committed by the court in refusing to do so. State to use v. O’Neal, 151 Mo. 89; Reichenbach v. Ellerba, 115 Mo. 594; Lee v. David, 11 Mo. 114; Kingsland & Ferguson v. Chrisman, 28 Mo. App. 308; Bank v. Ragsdale, 158 Mr. 668; Felix v. Bevington, 52 Mo. App. 407; Williams v. Kirk, 68 Mo.…
1Opinion of the CourtBroaddus, P. J.
This is an action of replevin, wherein plaintiff claims possession of certain articles of the value of $1,250, consisting of five billiard tables and six pool tables and their appurtenances. The plaintiff claimed a special interest in said property by reason of a chattel mortgage thereon executed by one O. W. Wilkie, as the conditions in the mortgage had been broken. On the 14th day of September, 1906, the defendant took possession of said property and had possession thereof at the time of the commencement of this suit.
On and prior to September 1, 1905, the defendant was the owner of a…
2Cases cited6 opinions
- Dobyns v. MeyerSupreme Court of Missouri · 1888
- Landis v. McDonaldMissouri Court of Appeals · 1901
- Rock Island National Bank v. PowersSupreme Court of Missouri · 1896
- Sands v. G. W. Marquardt & SonsMissouri Court of Appeals · 1905
- Way v. BraleyMissouri Court of Appeals · 1891
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3Cited by7 opinions
- Pearson v. LaffertyMissouri Court of Appeals · 1917
- Jacques v. GogginSupreme Court of Missouri · 1952
- Barnard State Bank v. LankfordMissouri Court of Appeals · 1928
- Grayburg Oil Co. v. Corpus Christi Gas Co.Court of Appeals of Texas · 1934
- In re Alton Milk Co.District Court, W.D. Missouri · 1957
2 more not listed; retrieve them via the Exa API.