Rapp v. Vogel
Supreme Court of Missouri
Appeal from Si. Louis Circuit Court. I. The solvent partner can not maintain replevin for partnership property against the sheriff. His right to replevin does not exist. (Wiles v. Sheriff, 26 Mo. 78; Phillips v. Townsend, 4 Mo. 101; Broadwater v. Dame, 10 Mo. 277 ; Gartside v. Nixon, 48 Mo. 138 ; Gray v. Parker, 38 Mo. 165.) n. The value of the goods must be found for the sheriff, if the jury find the issue of title against plaintiff.
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Appeal from Si. Louis Circuit Court. I. The solvent partner can not maintain replevin for partnership property against the sheriff. His right to replevin does not exist. (Wiles v. Sheriff, 26 Mo. 78; Phillips v. Townsend, 4 Mo. 101; Broadwater v. Dame, 10 Mo. 277 ; Gartside v. Nixon, 48 Mo. 138 ; Gray v. Parker, 38 Mo. 165.) n. The value of the goods must be found for the sheriff, if the jury find the issue of title against plaintiff. (Gen. Stat. 1865, p. 665, §§ 11-13 ; Smith v. Winston, 10 Mo. 299; Berghoff v. Heckwolf, 26 Mo. 512 ; Fallon v. Manning, 35 Mo. 271.) IH. Replevin is strictly a…
1Opinion of the CourtCurrier, Judge
The plaintiff sues in replevin to recover possession of certain personal chattels which the defendant, as sheriff, had levied upon and taken into his custody as the property of one Julius Rapp. *526The property consisted of a small stock of' goods valued at $1,000 or thereabouts. The testimony given at the trial, bearing upon the question of ownership of the goods, was conflicting — that for the plaintiff tending to show that he was the sole owner, and that for the defendant tending to show that Julius Rapp was the sole or principal owner — the business being carried on in the name of William…
2Cited by4 opinions
- Rankin v. WyattSupreme Court of Missouri · 1934
- Clifton v. HowardSupreme Court of Missouri · 1886
- Barnes v. StanleyMissouri Court of Appeals · 1902
- Coggshall v. MungerMissouri Court of Appeals · 1893