Freeman v. Hemenway
Missouri Court of Appeals
Appeal from, the Jasper Circuit Court. — Hon. J. D. Perkins, Judge. STATEMENT BY ELLISON, J. The following is the finding of facts made by the court: “That on the 23d day of February, 1892, the plaintiff herein was the owner and in possession of the engine, boiler and jig-tank mentioned in plaintiff’s petition, to the value of $425; that the engine and boiler were of the value of $400, and the jig-tank of the value of $25; that said property was then upon lots Nos. 28 and 29…
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Appeal from, the Jasper Circuit Court. — Hon. J. D. Perkins, Judge. STATEMENT BY ELLISON, J. The following is the finding of facts made by the court: “That on the 23d day of February, 1892, the plaintiff herein was the owner and in possession of the engine, boiler and jig-tank mentioned in plaintiff’s petition, to the value of $425; that the engine and boiler were of the value of $400, and the jig-tank of the value of $25; that said property was then upon lots Nos. 28 and 29 on the Empire Zinc Co.’s land; that on said 23d day of February, 1892, the defendants herein caused said Freeman to be…
1Opinion of the Court
Ellison, J. —
This action is for the conversion of certain mining machinery by defendants. The judgment below was for plaintiff for the value of the property.
At defendants’ request the court made a special finding of facts with conclusion of law thereon as provided by section 2135, Revised Statutes 1889. The correctness of the finding of facts may be assailed in the appellate court on the ground of there being no evidence to support it, or that it does not include all the issues, if the evidence is preserved by bill of exceptions. Nichols v. Carter, 49 Mo. App. 401. But we understand from a…
2Cases cited2 opinions
- Loewen v. ForseeSupreme Court of Missouri · 1897
- Nichols v. CarterMissouri Court of Appeals · 1892
3Cited by2 opinions
- Burress v. SpringMissouri Court of Appeals · 1910
- Lesan Advertising Co. v. CastlemanMissouri Court of Appeals · 1912