Pugh v. Williamson
Missouri Court of Appeals
Appeal from the Pike Circuit Court. — Hon. Reuben E. Roy, Judge. The uniform rule is that, in replevin suits, only the naked question of possession is involved, unless the parties in interest set up and plead special matter to defeat the action. In the replevin suit of Pugh v. Ayres, defendant filed a statutory answer merely. Therefore, nothing was, or could have been, adjudicated in that suit save the question of possession. 21 Am. and Eng.
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Appeal from the Pike Circuit Court. — Hon. Reuben E. Roy, Judge. The uniform rule is that, in replevin suits, only the naked question of possession is involved, unless the parties in interest set up and plead special matter to defeat the action. In the replevin suit of Pugh v. Ayres, defendant filed a statutory answer merely. Therefore, nothing was, or could have been, adjudicated in that suit save the question of possession. 21 Am. and Eng. Encyclopedia of Law, page 255, note 1; Railroad v. Levy, 17 Mo.,App. 501; Railroad v. Atkinson, 17 Mo. App. 484; Allen v. Butman, 138 Mass. 586; Wing v.…
1Opinion of the CourtBiggs, J.
This is an action on a promissory note, dated March 4, 1889. The appellants admitted the execution of the note, but averred that by agreement it was deposited with Thomas J. Ayres, and that it was not to be delivered by Ayres, or to become binding on the defendants, unless the plaintiff should, within thirty days from that date, execute and deliver to the defendants a deed conveying to them the right to make, and sell, a certain buggy top spring in the states of Indiana and Ohio; that the plaintiff failed to deliver the deed within the prescribed time, and that thereby the consideration for…
2Cases cited4 opinions
- Young v. GlascockSupreme Court of Missouri · 1883
- Missouri Pacific Railway Co. v. LevyMissouri Court of Appeals · 1885
- Stern Auction & Commission Co. v. MasonMissouri Court of Appeals · 1885
- Pugh v. AyresMissouri Court of Appeals · 1892
3Cited by6 opinions
- Upham & Gordon v. AllenMissouri Court of Appeals · 1898
- Johnson v. SimmonsMissouri Court of Appeals · 1895
- Westbay v. MilliganMissouri Court of Appeals · 1898
- Advance Thresher Co. v. PierceMissouri Court of Appeals · 1898
- State Ex Rel. Booker v. BlandSupreme Court of Missouri · 1946
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