Callaway Mining & Manufacturing Co. v. Clark
Supreme Court of Missouri
Appeal from St. Louis Circuit Court. The defendants, by virtue of an attachment in their favor against one Roberts, had seized a steamboat belonging to the plaintiff, used in transporting coal from the plaintiff’s railway and mines to Jefferson city. "Roberts pleaded in abatement of the attachment, and the suit was dismissed. The plaintiff sued to recover damages for the seizure and detention of the boat.
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Appeal from St. Louis Circuit Court. The defendants, by virtue of an attachment in their favor against one Roberts, had seized a steamboat belonging to the plaintiff, used in transporting coal from the plaintiff’s railway and mines to Jefferson city. "Roberts pleaded in abatement of the attachment, and the suit was dismissed. The plaintiff sued to recover damages for the seizure and detention of the boat. At the trial evidence was offered tending to show that the.plaintiff had laid up their boat, and that it would not have been used during the period of detention. The answer denied the…
1Opinion of the CourtBay, Judge
This suit was brought in the St. Louis Circuit Court to recover damages for the seizure by the defendants of a steamboat called “ Dubuque,” alleged to be the property of the plaintiff. The defendants, by their answer, put in issue plaintiff’s corporate existence, also its ownership and possession of the boat, and deny its wrongful seizure and detention. They also set up a counter claim, consisting of a promissory note for three hundred and thirty-three dollars and thirty-five cents, alleged to have been executed by plaintiff payable to the order of defendants. Plaintiff filed a replication…
2Cases cited1 opinion
- Taylor v. MaguireSupreme Court of Missouri · 1848
3Cited by17 opinions
- Coates & Hopkins Realty Co. v. Kansas City Terminal Railway Co.Supreme Court of Missouri · 1931
- Tod v. Kentucky Union Land Co.U.S. Circuit Court for the District of Kentucky · 1893
- Spruce Co. v. MaysSupreme Court of Missouri · 1933
- Gildersleeve v. OverstolzMissouri Court of Appeals · 1901
- United Iron Works v. Twin City Ice & Creamery Co.Supreme Court of Missouri · 1927
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