White v. Van Houten
Supreme Court of Missouri
Appeal from, Linn Circuit Court. I. The complaint does not show that the matter has been adjudicated. If no damages were assessed on the trial of claim' and delivery they could be recorded by a common law action on the bond.
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Appeal from, Linn Circuit Court. I. The complaint does not show that the matter has been adjudicated. If no damages were assessed on the trial of claim' and delivery they could be recorded by a common law action on the bond. (Collins vs. Hough, 26 Mo., 149 •, Berghoff vs. Ilechwolf, Id., 511; Hansard vs. Heed, 29 Mo., 472 ; Eliott vs. Black, 45 Mo., 372.) If the damages had .been inquired into and the matter had been adjudicated, it was matter of defense, and appellant was not required to negative it in his complaint. II. The complaint assigns for breach of the bond failure to prosecute the…
1Opinion of the CourtWagner, Judge
The respondent, Yan Houten, commenced an action under the statute, for the claim and delivery of personal property, before a Justice of the Peace, to recover possession of a horse, gave bond with the other defendants herein, as sureties, and received possession of the horse. Upon the trial before the Justice, Yan Houten failed to recover, the jury found the horse to be the property of White, the defendant in that case and plaintiff here, and also found his value. The usual judgment was rendered, against Yan Houten and his sureties for the re*579turn of the property, or the payment of the value…
2Cases cited3 opinions
- Berghoff v. HeckwolfSupreme Court of Missouri · 1858
- Hohenthal v. WatsonSupreme Court of Missouri · 1859
- Hansard v. ReedSupreme Court of Missouri · 1860
3Cited by16 opinions
- Caldwell v. RyanSupreme Court of Missouri · 1908
- Morrison v. YanceyMissouri Court of Appeals · 1886
- State ex rel. Johnson v. DunnSupreme Court of Missouri · 1875
- Jackson v. MorganIndiana Supreme Court · 1906
- Holdridge v. MarshMissouri Court of Appeals · 1887
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