Smith v. Winston
Supreme Court of Missouri
ERROR to Buchanan Circuit Court. 1st. That Winston having failed to prosecute his suit with effect and without delay, the Court' or jury ought to have assessed the value of the property taken, and damages for the use of the same. Rev. Stat. Mo. 922, §8. 2nd. That the judgment in this case ought to have been against Winston and his securities, that he return the property taken or pay the value assessed at the election of Smith, &c. ■ Rev. Statute Mo. 922, §9. 3rd.
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ERROR to Buchanan Circuit Court. 1st. That Winston having failed to prosecute his suit with effect and without delay, the Court' or jury ought to have assessed the value of the property taken, and damages for the use of the same. Rev. Stat. Mo. 922, §8. 2nd. That the judgment in this case ought to have been against Winston and his securities, that he return the property taken or pay the value assessed at the election of Smith, &c. ■ Rev. Statute Mo. 922, §9. 3rd. That a judgment, though pronounced by the Judge, is the sentence of the law, and if the Judge pronounce a wrong judgment, i. e. one…
1Opinion of the CourtNapton, J.
Winston filed a declaration in replevin against Smith, the plaintiff in error, to recover possession of a negro woman named Susan, and having made the affidavit required by our statute, and given the requisite bond, was put in possession of the slave. The defendant pleaded not guilty, and specially, that he was a constable of Washington township, in Buchanan County, and by virtue of an execution against one Ewell, duly issued, and to him directed, he levied the same upon the said slave, and detained her by virtue of said execution, &c. To this special plea the plaintiff demurred, but the…
2Cited by3 opinions
- Malsby v. GambleSupreme Court of Florida · 1911
- Berghoff v. HeckwolfSupreme Court of Missouri · 1858
- Bosse v. ThomasMissouri Court of Appeals · 1877