Funk v. Funk
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Hon, George W. Lubke, Judge.' The only question for the consideration of this court is whether the suit which is set out in the answer and pleaded in bar of this case is such bar. The position of appellant when he instituted the replevin suit was this: His property had been wrongfully taken from him by respondent and a part of it concealed so-that it could not be reached by replevin.
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Appeal from the St. Louis City Circuit Court. — Hon, George W. Lubke, Judge.' The only question for the consideration of this court is whether the suit which is set out in the answer and pleaded in bar of this case is such bar. The position of appellant when he instituted the replevin suit was this: His property had been wrongfully taken from him by respondent and a part of it concealed so-that it could not be reached by replevin. Respondent was insolvent and appellant was therefore placed in this position. He must either save such of his property as he could find and reach with the writ of…
1Opinion of the CourtThompson, J.
The question for decision in this case arises upon a demurrer to the plaintiff’s reply to new matter set up in the answer, which demurrer was sustained. The plaintiff states in his petition that, on the twenty-first day of July, 1886, the defendant was duly appointed administrator de bonis non, with the will annexed, of the estate of John Punk, deceased, by the probate court of the city of St. Louis, and that he duly qualified and acted and is now acting as such; that, while acting as such administrator, he wrongfully took from the plaintiff the possession, for the use and purposes of said…
2Cases cited5 opinions
- Stevens v. TuiteMassachusetts Supreme Judicial Court · 1870
- Moran v. PlankintonSupreme Court of Missouri · 1876
- Oliver v. HoltSupreme Court of Alabama · 1847
- Hite v. LongSupreme Court of Virginia · 1828
- Folsom v. ClemenceMassachusetts Supreme Judicial Court · 1876
3Cited by14 opinions
- Och v. Missouri, Kansas & Texas Railway Co.Supreme Court of Missouri · 1895
- Friedman Keller & Co. v. OlsonMissouri Court of Appeals · 1915
- Huffman v. KnightOregon Supreme Court · 1900
- Wilson v. SullivanUtah Supreme Court · 1898
- Stern v. RichesWisconsin Supreme Court · 1901
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