S. Albert Grocer Co. v. Goetz
Missouri Court of Appeals
Appeal from the Cape Girardeau Court of Common Pleas. — Hon. Alex. Ross, Jhdge. (1) An interplea is simply an action in replevin engrafted by statute on an attachment suit, and a complaint of the same nature. R. S. 1889, sec. 7479; Budget v. Borchert, 59 Mo. 85; Spooner v. Boss, 14 Mo, App. 599. (2) The verdict of the jury is irregular, and so defective that it should have been set aside by the court.
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Appeal from the Cape Girardeau Court of Common Pleas. — Hon. Alex. Ross, Jhdge. (1) An interplea is simply an action in replevin engrafted by statute on an attachment suit, and a complaint of the same nature. R. S. 1889, sec. 7479; Budget v. Borchert, 59 Mo. 85; Spooner v. Boss, 14 Mo, App. 599. (2) The verdict of the jury is irregular, and so defective that it should have been set aside by the court. The verdict finds the property.to belong to the interpleader, but fails to assess any value of the property. The action being in the nature of replevin, the jury should have assessed the value…
1Opinion of the CourtBiggs, J.
— The plaintiff sued the defendants Groetz and Watkins by attachment before a justice of the peace. The constable levied upon a horse and delivery wagon as the property of the defendants. Eaton filed an interplea,' properly verified, in which he averred absolute ownership of the property attached and denied that the defendants had any right or title thereto. The interpleader had judgment before the justice and in the circuit court. The plaintiff has brought the case here by appeal.
On the trial the plaintiff objected to the introduction of any evidence on the ground that the inter-plea was…
2Cases cited4 opinions
- Hewson v. TootleSupreme Court of Missouri · 1880
- Nolan v. DeutschMissouri Court of Appeals · 1886
- State ex rel. Reeves v. BarkerMissouri Court of Appeals · 1887
- Rindskoff, Stern, Lauer & Co. v. RogersMissouri Court of Appeals · 1889
3Cited by5 opinions
- Wyeth Hardware Co. v. Carthage Hardware Co.Missouri Court of Appeals · 1898
- I. Stadden Grocery Co. v. LuskMissouri Court of Appeals · 1902
- Wray v. WrightsmanMissouri Court of Appeals · 1910
- Carp v. ItzkowitzMissouri Court of Appeals · 1898
- Hagardine-McKittric Dry Goods Co. v. CarnahanMissouri Court of Appeals · 1900