Keller Bros. Mercantile Co. v. Holmes
Missouri Court of Appeals
Appeal from Jasper Circuit Court. — Eon. David E. Blair, Judge. (1) In an action of replevin if the plaintiff has obtained possession of the property the defendant must in his answer claim it and demand a return thereof, otherwise the court cannot upon a finding in his favor give judgment against the plaintiff for its value.
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Appeal from Jasper Circuit Court. — Eon. David E. Blair, Judge. (1) In an action of replevin if the plaintiff has obtained possession of the property the defendant must in his answer claim it and demand a return thereof, otherwise the court cannot upon a finding in his favor give judgment against the plaintiff for its value. Young v. Glasscock, 79' Mo. 574. (2) In the case of Cable v. Duke, in the 208 Mo. 557, Lamm, J., in the opinion of the court, makes the above quotations from the case of Young v. Glasscock and adds that, “The precise question has not been heard since but that case has…
1Opinion of the CourtCox, J.
Action in replevin. Judgment for defendant against plaintiff alone — the sureties on replevin bond not being included — for return of the property and plaintiff has appealed. The property involved is a horse and buggy. The defendant Holmes is constable and had levied upon the property under an execution against Charles Keller. The plaintiff brought this action in the circuit court alleging in the usual way that it was entitled to the possession of the property and fixed its value at $145. The defendant Holmes answered alleging that the property was the property of Charles Keller and that…
2Cases cited10 opinions
- Young v. GlascockSupreme Court of Missouri · 1883
- Timp v. DockhamWisconsin Supreme Court · 1873
- Pico v. PicoCalifornia Supreme Court · 1880
- Wm. S. Merrill Chemical Co. v. NickellsMissouri Court of Appeals · 1896
- Street v. MorganSupreme Court of Kansas · 1902
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