Moore v. Hensley
Missouri Court of Appeals
Appeal from Wright County Circuit Court. — Mon. C. M. SMriker, Judge. (1) Asa rule that to create an agistor’s lien there must be a contract between the parties, either express or implied and apply that rule to the facts in this case and it would appear at once that the defendant cannot be entitled to such a lien for the reason that there is not one scintilla of testimony in this entire record that could lead any reasonable person to believe that any sort of a contract…
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Appeal from Wright County Circuit Court. — Mon. C. M. SMriker, Judge. (1) Asa rule that to create an agistor’s lien there must be a contract between the parties, either express or implied and apply that rule to the facts in this case and it would appear at once that the defendant cannot be entitled to such a lien for the reason that there is not one scintilla of testimony in this entire record that could lead any reasonable person to believe that any sort of a contract existed between these parties for the care and keep of the hogs in question. Cunningham v. Hamill, 84 Mo. App. 393; Powers v.…
1Opinion of the CourtFarrington, J.
Plaintiff, the owner of four hogs, sued in replevin to recover them from the defendant who held them in his possession. The case was tried by the court sitting as a jury and resulted in a finding that the property belonged to the plaintiff and that he was entitled to the possession thereof, and, further: “The court doth find that the defendant, Thomas F. Hensley, is entitled to the sum of twenty dollars for the care and keep of said property while in his possession. It is therefore ordered, considered and adjudged by the court that the plaintiff recover of and from the defendant the four head…
Also in this document: Concurrence.
2Cases cited8 opinions
- Bayless v. LefaivreSupreme Court of Missouri · 1865
- Crook v. PeeblySupreme Court of Missouri · 1844
- Harryman v. TitusSupreme Court of Missouri · 1834
- Mackler v. SchusterMissouri Court of Appeals · 1897
- Cummings v. EllisMissouri Court of Appeals · 1909
3 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- State Ex Rel. Volker v. KirbySupreme Court of Missouri · 1940
- Brite v. PfeilCourt of Appeals of Texas · 1960
- Chasteen v. ChildersSupreme Court of Kansas · 1976