Freeman v. Lavenue
Missouri Court of Appeals
Appeal from Wright Circuit Court. — Wow. Argus Cox, Judge. STATEMENT. Plaintiff brought suit in the Wright Circuit Court in 1899, in replevin, to recover of the defendant the possession of a stock of drugs, medicines and paints. The record does not show whether or not the merchandise was delivered to plaintiff under the writ.
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Appeal from Wright Circuit Court. — Wow. Argus Cox, Judge. STATEMENT. Plaintiff brought suit in the Wright Circuit Court in 1899, in replevin, to recover of the defendant the possession of a stock of drugs, medicines and paints. The record does not show whether or not the merchandise was delivered to plaintiff under the writ. At the March term, 1899, of the Wright Circuit Court, the cause was submitted to the court, without the intervention of a jury, who, after hearing the evidence, rendered the following judgment (omitting caption): “Now on this day this cause coming on to be heard and both…
1Opinion of the CourtBland, P. J.
1. If the goods were delivered to plaintiff under the writ of replevin and if the judgment in the replevin suit rendered at the March term, 1899, is a final one, the defendant’s motion to introduce evidence with a view of establishing damages, came too late as the damages in the cause could be assessed only in the proceeding which resulted in a final judgment in his favor. Waite v. Van Houten, 51 Mo. 577; State ex rel. v. Dunn, 60 Mo. 64; Fulkerson v. Dinkins, 28 Mo. App. 160; Clinton v. Stovall, 45 Mo. App. 642. If the judgment rendered by the Wright Circuit Court, in March, 1899, is…
2Cases cited6 opinions
- Pritchard v. HewittSupreme Court of Missouri · 1887
- White v. Van HoutenSupreme Court of Missouri · 1873
- State ex rel. Johnson v. DunnSupreme Court of Missouri · 1875
- Baldridge v. DawsonMissouri Court of Appeals · 1890
- Fulkerson v. DinkinsMissouri Court of Appeals · 1887
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3Cited by3 opinions
- Jackson v. MorganIndiana Supreme Court · 1906
- Caspermeyer v. Florsheim Shoe Store Co.Missouri Court of Appeals · 1958
- McWherter v. RandallMissouri Court of Appeals · 1921