Anthony v. Carp
Court of Appeals of Kansas
Appeal from Clay Circuit Court — Hon. J. W. Alexander, Judge. (1) The forms of pleading in civil actions in all courts of record in Missouri, and the rules by which the sufficiency of pleadings are to be determined, are, except as otherwise specially provided by law, prescribed by the code of civil procedure. This includes the chapter on “Replevin,” for in that chapter there is no special provision in regard to the pleadings, except as to the petition.
Read the full summary
Appeal from Clay Circuit Court — Hon. J. W. Alexander, Judge. (1) The forms of pleading in civil actions in all courts of record in Missouri, and the rules by which the sufficiency of pleadings are to be determined, are, except as otherwise specially provided by law, prescribed by the code of civil procedure. This includes the chapter on “Replevin,” for in that chapter there is no special provision in regard to the pleadings, except as to the petition. Accordingly the same rules as to the answer, counterclaim, defenses, legal or equitable, prevail in replevin as in all other civil actions in…
1Opinion of the CourtSmith, P. J.
This is an action of replevin to recover the possession of twenty cows and twelve yearling calves. The petition alleged a special ownership, property interest and right of possession under a chattel mortgage conveying to plaintiff said cattle to secure the payment of a promissory note for $1,175; that the said mortgage provided that said cattle should remain in the possession of defendant until default should be made in the payment of the said note or the unreasonable depreciation in value thereof, or that the security become inadequate. The petition further alleged that all of said specified…
2Cases cited16 opinions
- Dilworth v. McKelvySupreme Court of Missouri · 1860
- Young v. GlascockSupreme Court of Missouri · 1883
- Boutell v. WarneSupreme Court of Missouri · 1876
- Wm. S. Merrill Chemical Co. v. NickellsMissouri Court of Appeals · 1896
- Lewis v. MasonSupreme Court of Missouri · 1887
11 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Fashion Cleaners, Laundries Dyers v. De LongMissouri Court of Appeals · 1946
- Monarch Loan Co. v. Anderson Transmission ServiceMissouri Court of Appeals · 1962
- Lindsay v. HotchkissMissouri Court of Appeals · 1917
- Small v. SpeeceMissouri Court of Appeals · 1908
- Zahner Manufacturing Co. v. HarnishMissouri Court of Appeals · 1932
2 more not listed; retrieve them via the Exa API.