Homes v. Corbin
Missouri Court of Appeals
Appeal from Adair Circuit Court, Hon. Andrew Ellison, Judge. Statement of case by tlie court. This is an action begun in the circuit court for the recovery of the possession of certain personal property, consisting of a miscellaneous stock of goods.
Read the full summary
Appeal from Adair Circuit Court, Hon. Andrew Ellison, Judge. Statement of case by tlie court. This is an action begun in the circuit court for the recovery of the possession of certain personal property, consisting of a miscellaneous stock of goods. The defendant in his answer justified under two certain executions issued by a justice of the peace, by virtue of which he as constable ‘ ‘ did seize • and levy on said goods to satisfy said executions and costs, but at that time the sheriff of Adair county had said goods in his ■custody by reason of an attachment suit * * * and said seizure and…
1Opinion of the CourtHall, J.
The court refused to permit the defendant to introduce the executions offered in evidence by him and under the evidence instructed the jury to find for plaintiff. In determining whether or not the court should have so instructed the jury we shall consider the executions offered by the defendant as in evidence. The question then, is, was the plaintiff, under the evidence and the said executions, entitled to the immediate and exclusive possession of the property in controversy as against the defendant at the time of the institution of this suit? We shall determine this question upon the theory…
2Cases cited13 opinions
- Newman v. HookSupreme Court of Missouri · 1866
- People v. CraycroftCalifornia Supreme Court · 1852
- Osborne v. SchuttSupreme Court of Missouri · 1878
- Remington v. LinthicumSupreme Court of the United States · 1840
- Douglas v. OrrSupreme Court of Missouri · 1875
8 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Stotesbury v. KirtlandMissouri Court of Appeals · 1889
- Hombs v. CorbinMissouri Court of Appeals · 1889
- In re WhiteDistrict Court, W.D. Missouri · 1901
- Keller v. FlanaganMontana Supreme Court · 1923
- State ex rel. Smythe v. KaneMissouri Court of Appeals · 1890
6 more not listed; retrieve them via the Exa API.