Koelling v. August Gast Bank Note & Lithographing Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Horn. D. G.. Taylor, Judge. ■ (1) Section 4464, Revised Statutes 1899, provides that when claim for delivery of personal property is duly made and bond given, the property shall be taken out of the possession of the defendant. That is the specific mode of procedure at the time of the claim for personal property is made.
Read the full summary
Appeal from St. Louis City Circuit Court. — Horn. D. G.. Taylor, Judge. ■ (1) Section 4464, Revised Statutes 1899, provides that when claim for delivery of personal property is duly made and bond given, the property shall be taken out of the possession of the defendant. That is the specific mode of procedure at the time of the claim for personal property is made. But in no other part of the proceeding, nor after judgment, is there any such provision or authority to take the property from the possession of the defendant in the execution. Hanlon v. O’Keefe, 55 Mo. App. 534; Carlisle v.…
1Opinion of the CourtGoode, J.
— This'is an appeal from an order of the circuit court overruling a motion filed by the plaintiff to quash an execution issued on a judgment in favor of the defendants for the possession of certain specific articles of personal property. The case was in this court on the main issues heretofore and will be found reported in 97 Mo. App. 664. The action was one of replevin and the plaintiff had obtained possession of the property in controversy when the suit was instituted. The defendants finally prevailed, as will be seen by referring to the decision of the former appeal, and to the judgment in…
2Cases cited4 opinions
- Wooldridge v. QuinnSupreme Court of Missouri · 1879
- White v. GravesSupreme Court of Missouri · 1878
- Hanlon v. O'KeefeMissouri Court of Appeals · 1893
- Koelling v. August Gast Bank Note & Lithographing Co.Missouri Court of Appeals · 1903