White v. McFarland
Missouri Court of Appeals
Appeal from St. Louis. City Circuit Court. — Eon. Geo. O. Eitchcoch, Judge. (1) The proper judgment in replevin, where defendant has the property in his possession, is that defendant return the property or pay the assessed value at the election of plaintiff. E. S. Mo. 1899, sec. 4476; Gulath v. Waldstein, 7 Mo.
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Appeal from St. Louis. City Circuit Court. — Eon. Geo. O. Eitchcoch, Judge. (1) The proper judgment in replevin, where defendant has the property in his possession, is that defendant return the property or pay the assessed value at the election of plaintiff. E. S. Mo. 1899, sec. 4476; Gulath v. Waldstein, 7 Mo. App. 66; Bank v. Thornpson, 54 Kan. 307; 3 Blackstone Commentaries (Lewis Ed.), p. 153; 2 Chitty on Prac., p. 623; Cobhey on Eeplevin, sec. 1105; Shinn on Eeplevin, sec. 661b; 17 Ency. of PI. and Pr., p. 591'. (2) Where a petition states a cause of action against a defendant, showing…
1Opinion of the CourtGoode, J.
Plaintiff Mary E. Wright brought an action of replevin to the October term, 1907, of the circuit court of the city of St. Louis, against Lucy A. McFarland, describing the defendant in the caption of the case as Lucy A. McFarland, executrix of Charles W. *344McFarland, deceased. The opening allegation of the petition is as follows:
“Plaintiff states that on or about the first day of April, 1907, Charles W. McFarland departed this life, and that thereafter, to-wit, on the 22d day of April, 1907, letters testamentary were duly granted to Lucy A. McFarland, the defendant, by the probate court of the…
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