Brown v. Koenig
Missouri Court of Appeals
Appeal from Cooper Circuit Court. — -Now. J. E. Ha-sell, Judge. (1) The court erred in sustaining a demurrer and directing a verdict for defendant at the conclusion on plaintiff’s evidence. 1 Greenleaf on Ev., secs. 83, 92, 485, 508; Winham v. Kline, 77-Mo. App. 36-44; Flournoy v. Warden, 17 Mo. 435; Karr v. Jackson, 28 Mo. 317; Howell v. Carl, 50 Mo.
Read the full summary
Appeal from Cooper Circuit Court. — -Now. J. E. Ha-sell, Judge. (1) The court erred in sustaining a demurrer and directing a verdict for defendant at the conclusion on plaintiff’s evidence. 1 Greenleaf on Ev., secs. 83, 92, 485, 508; Winham v. Kline, 77-Mo. App. 36-44; Flournoy v. Warden, 17 Mo. 435; Karr v. Jackson, 28 Mo. 317; Howell v. Carl, 50 Mo. App. 440; Moore v. Cans, 113 Mo. 110; R. S, 1899, sec. 3098. (2) The proof established a valid mortgage under the laws of Iowa. By virtue of comity it is valid everywhere. 1 Cobby on Chat. Mtgs., sec. 64; Smith v. McClain, 24 la. 322; Smith -v.…
1Opinion of the CourtSmith, P. J.
This is an action of replevin to recover the possession of a horse and buggy. There was a trial and at the conclusion of the. evidence the court peremptorily instructed the jury to find for defendant; and from the judgment the plaintiff appealed.
As there were no instructions given, other than that in the nature of a demurrer, and as the defendant has not favored us with any statement, brief or argument in the case, it is rather difficult to determine jusf upon what theory of law the case was disposed of adversely to the plaintiff. It is not disclosed by the record in what capacity the…
2Cases cited5 opinions
- Smith & Co. v. McLeanSupreme Court of Iowa · 1868
- Gammon v. BullSupreme Court of Iowa · 1892
- Grover v. YounieSupreme Court of Iowa · 1900
- Smith v. HutchingsSupreme Court of Missouri · 1860
- Genoway v. MaizeSupreme Court of Missouri · 1901