Stone v. McNealy
Missouri Court of Appeals
Appeal from the Sullivan Circuit Court.—Hon. W. W. Rucker, Judge. The court erred in declaring the law in the second instruction given for the plaintiff. The first instruction for the defendant, placing the burden of proof upon the plaintiff, properly declared the law. Andretvs v. Costigan, 30 Mo. App. 29; Baker v. Camipbell, 32 Mo. App. 529; Scott v. Pdley, 49 Mo.
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Appeal from the Sullivan Circuit Court.—Hon. W. W. Rucker, Judge. The court erred in declaring the law in the second instruction given for the plaintiff. The first instruction for the defendant, placing the burden of proof upon the plaintiff, properly declared the law. Andretvs v. Costigan, 30 Mo. App. 29; Baker v. Camipbell, 32 Mo. App. 529; Scott v. Pdley, 49 Mo. App. 251. In an action of replevin where the title is put in issue, the burden of proof is upon the plaintiff to show his ownership, and as well, also, his right to the immediate and exclusive possession of the property in…
1Opinion of the CourtSmith, P. J.
This is an action of replevin commenced before a justice of the peace to recover the possession of a steer. At the trial in the circuit court, where the plaintiff had judgment, from which the defendant has appealed, the plaintiff, to maintain the issue, introduced evidence tending to establish title in himself to the steer in controversy and from whence acquired.' He also introduced further evidence tending to show that he had dehorned said steer when a calf six months old.
The defendant also introduced evidence tending to establish title to the steer in himself and from whence acquired. He…
2Cases cited6 opinions
- Gray v. ParkerSupreme Court of Missouri · 1866
- Town of Kirkwood v. AutenreithMissouri Court of Appeals · 1886
- Broadwater v. DarneSupreme Court of Missouri · 1846
- Gartside v. NixonSupreme Court of Missouri · 1868
- Bayless v. LefaivreSupreme Court of Missouri · 1865
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Campbell v. BrownMissouri Court of Appeals · 1910