St. Louis Union Trust Co. v. Merritt
Missouri Court of Appeals
Appeal from Pemiscot Circuit Court.— Hon. Henry C. Riley, Judge. (1) This cause was certified and all papers transmitted by the justice to the circuit court of Pemiscot county upon the affidavit of respondent that the title to real estate was involved in the suit, and under the statutes' this cause, when so certified to the circuit court, was then controlled by the statute regulating the practice in circuit courts. R. S. 1909; secs. 7460, 7778; McLain v. Berkebile, 123 Mo.
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Appeal from Pemiscot Circuit Court.— Hon. Henry C. Riley, Judge. (1) This cause was certified and all papers transmitted by the justice to the circuit court of Pemiscot county upon the affidavit of respondent that the title to real estate was involved in the suit, and under the statutes' this cause, when so certified to the circuit court, was then controlled by the statute regulating the practice in circuit courts. R. S. 1909; secs. 7460, 7778; McLain v. Berkebile, 123 Mo. App. 647. (2) If we supply this reasoning and the principles laid down in all of the cases dealing with replevin suits to…
1Opinion of the CourtReynolds, P. J.
Plaintiff commenced this action before a justice of the peace of the proper township of Pemiscot county, to recover possession of 30,000 feet of saw logs, plaintiff filing a bond with sureties, as provided by law. The logs were taken out of the possession of .defendants-by the constable and delivered over to plaintiff. On the return day, of the summons, defendants appeared and filed their affidavit under oath, to the effect that the logs replévied *653were cut off of a certain fractional quarter of land in the township, and “that the title to real estate is involved in this cause of action and…
2Cases cited2 opinions
- Caldwell v. RyanSupreme Court of Missouri · 1908
- Cartmell Machine Co. v. SikesMissouri Court of Appeals · 1900
3Cited by3 opinions
- Gee v. ShermanMissouri Court of Appeals · 1927
- City of St. Louis v. Senter Commission Co.Supreme Court of Missouri · 1937
- Mumford v. SuttonMissouri Court of Appeals · 1972