M'cLean v. Berkabile
Missouri Court of Appeals
Appeal from Boone Circuit Court. — Son. Alexander S. 'Waller, Judge. Since respondent did not set up or claim any special or general property in the steers in controversy and appellant at the trial was conceded to be the owner thereof and entitled to the possession of same, the trial court erred in refusing to give appellant’s peremptory instruction to the jury to find that the plaintiff was the owner of and entitled to the possession of the steers and to one cent damages…
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Appeal from Boone Circuit Court. — Son. Alexander S. 'Waller, Judge. Since respondent did not set up or claim any special or general property in the steers in controversy and appellant at the trial was conceded to be the owner thereof and entitled to the possession of same, the trial court erred in refusing to give appellant’s peremptory instruction to the jury to find that the plaintiff was the owner of and entitled to the possession of the steers and to one cent damages for the taking and detention thereof. Leete v. Bank, 141 Mo. 586; Turner v. Langdon, 85 Mo. 441; Cotton v. Huston, 110 Mo.…
1Opinion of the CourtJohnson, J.
This is a replevin action begun before a justice of the peace to recover the possession of two steers. The trial in the circuit court where the cause was taken on appeal resulted in a judgment for defendant from which plaintiff appealed to this court.
Plaintiff and defendant own adjoining farms which are inclosed by continuous outside fences. A fence running east and west separates the farms, but the location thereof with reference to the boundary line is a subject of dispute between the parties. The east half of the fence is owned and maintained by defendant, the west half by plaintiff. The…
2Cases cited8 opinions
- O'Riley v. DissMissouri Court of Appeals · 1890
- Stroud v. MortonMissouri Court of Appeals · 1897
- Growney v. Wabash RailroadMissouri Court of Appeals · 1903
- Mackler v. CramerMissouri Court of Appeals · 1888
- Clarkson v. JenkinsMissouri Court of Appeals · 1892
3 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Griffin v. AndersonMissouri Court of Appeals · 1963
- Matthews v. McVayMissouri Court of Appeals · 1950
- Dailing v. HallMissouri Court of Appeals · 1999
- Frederick v. BrucknerMissouri Court of Appeals · 1907
- Johnson v. FialaMissouri Court of Appeals · 1912