Long v. Cockrell
Supreme Court of Missouri
Jlpyptal from Jackson Circuit Court. I. This court held in Dilworth vs. McKelvy, 30 Mo. 149, that the statute did not contemplate the assessment of the entire value of the property, except where the defendant is the absolute owner. Where as in the- case at bar, the defendant has only a special interest in the property, the jury or court should assess the value of the interest.
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Jlpyptal from Jackson Circuit Court. I. This court held in Dilworth vs. McKelvy, 30 Mo. 149, that the statute did not contemplate the assessment of the entire value of the property, except where the defendant is the absolute owner. Where as in the- case at bar, the defendant has only a special interest in the property, the jury or court should assess the value of the interest. (See also Gilham vs. Kerone, 45 Mo., 489.) The facts disclosed by the pleadings warrant a reversal of this cause. For the defendant has a judgment against the plaintiff, for more than double the amount claimed. The…
1Opinion of the CourtTories, Judge
This action was brought by the plaintiff, in the Jackson Circuit Court in October, 1871, against the intestate of the defendant, to recover the possession of certain personal property in the petition described, and which was charged to be of the value of thj;ee hundred dollars. The petition was in the usual form. The defendant in her answer, first denied the plaintiff’s right to the possession of the property, and that it was wrongfully detained from her, and then, as an additional defense, charged that plaintiff was a married woman, and was then the wife of one Southey N. Long; that…
2Cases cited1 opinion
- Bauer v. BauerSupreme Court of Missouri · 1867
3Cited by4 opinions
- Young v. GlascockSupreme Court of Missouri · 1883
- Alexander v. LydickSupreme Court of Missouri · 1883
- McCormick v. . CrottsSupreme Court of North Carolina · 1930
- Lobaugh v. ThompsonSupreme Court of Missouri · 1881