Fowler v. Carr
Missouri Court of Appeals
Appeal from the Bay Circuit Court. — Hon. E. J. Beoadtjs, Judge. In an action of replevin in the circuit court, where plaintiff has obtained the possession of the goods, the defendants must, in their answer, claim the same and demand a return- thereof; otherwise the court cannot upon a finding in their favor,- give judgment against the plaintiff for their value. Eevised Statutes, 1889, sec. 7489; Young v. Glass code, 79 Mo. 574.
1Opinion of the CourtGill, J.
This is a replevin suit brought to recover a certain lot of corn, and which was turned over to plaintiff in the execution of the writ issued at the institution of the action.
The answer was merely a general denial. On a trial before the court, without a jury, the issues were found in defendant’s favor, and the court entered a judgment for 'a return of the property to defendants, or for the value thereof fixed by the court at the sum of four hundred dollars. After unsuccessful motions for new trial, and in arrest, plaintiff brought the case here on appeal.
Under the state of the pleadings in…
2Cases cited1 opinion
- Young v. GlascockSupreme Court of Missouri · 1883
3Cited by5 opinions
- Wm. S. Merrill Chemical Co. v. NickellsMissouri Court of Appeals · 1896
- Cable v. DukeSupreme Court of Missouri · 1907
- Cartmell Machine Co. v. SikesMissouri Court of Appeals · 1900
- Pallen v. BogyMissouri Court of Appeals · 1899
- Keller Bros. Mercantile Co. v. HolmesMissouri Court of Appeals · 1912