Rhoades v. McNulty
Missouri Court of Appeals
Error to the Pettis Circuit Court. — Hon. Richard Eield, Judge. (1) Plaintiff could only recover on the right he had at the commencement of the action. In re Ass’n, 12 Mo. App. 40; Weinwick v. Bender, 33 Mo. 80; McDowell v. Morgan, 33 Mo. 555. A plaintiff to maintain replevin must have in himself the right of property, general or special, coupled with the right of immediate possession. Andrews v. Costigan, 30 Mo. App. 29; Updyke v. Wheeler, 37 Mo.
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Error to the Pettis Circuit Court. — Hon. Richard Eield, Judge. (1) Plaintiff could only recover on the right he had at the commencement of the action. In re Ass’n, 12 Mo. App. 40; Weinwick v. Bender, 33 Mo. 80; McDowell v. Morgan, 33 Mo. 555. A plaintiff to maintain replevin must have in himself the right of property, general or special, coupled with the right of immediate possession. Andrews v. Costigan, 30 Mo. App. 29; Updyke v. Wheeler, 37 Mo. App. 680; Gartside v. Nixon, 43 Mo. 138. (2) Eor the same reason the court erred in refusing defendant’s third instruction, as asked. (3) There was…
1Opinion of the CourtEllison, J.
— This is an action of replevin for a mare, begun in Pettis county. Plaintiff recovered below and defendant appeals.
Defendant, after purchasing the mare in Pettis county (as he claims), shipped her to St. Louis where plaintiff replevied her before a justice of the peace on the ninth of October, 1889. In that ease defendant retained possession of the animal by executing a forthcoming bond. Afterwards, before return day (the date being in dispute), plaintiff dismissed his action. Defendant having in the meantime returned to Pettis county with the mare, plaintiff instituted the present action.…
2Cases cited11 opinions
- Higgins ex rel. Higgins v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1865
- State v. MatsonSupreme Court of Missouri · 1866
- Goodman v. KennedyNebraska Supreme Court · 1880
- Sherwood v. NealMissouri Court of Appeals · 1890
- Easter v. FlemingIndiana Supreme Court · 1881
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3Cited by4 opinions
- Oehmen v. PortmannMissouri Court of Appeals · 1910
- Semple School for Girls v. YieldingAlabama Court of Appeals · 1918
- Westbay v. MilliganMissouri Court of Appeals · 1898
- Donnell v. MillerMissouri Court of Appeals · 1910