Montieth v. Great Western Printing Co.
Missouri Court of Appeals
Appeal from the St. Louis Circuit Court, Barclay, J. The defendant was entitled to the possession of the property sued for, when suit was brought, by virtue of an express contract to that effect. — Wells on Replevin, sects. 39, 121, 122, 688; 2' Greenl. on Ev., sect. 640; Rich v. Ryder, 105 Mass. 306,. 310; Dilworth v. MeKelvy, 30Mo. 154; Boutelley. Warne,. 62 Mo. 353; Story on Bail., sects. 303, 422; Hazard v. Hall, 5 Mo. App. 584; 2 Pars, on Con.
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Appeal from the St. Louis Circuit Court, Barclay, J. The defendant was entitled to the possession of the property sued for, when suit was brought, by virtue of an express contract to that effect. — Wells on Replevin, sects. 39, 121, 122, 688; 2' Greenl. on Ev., sect. 640; Rich v. Ryder, 105 Mass. 306,. 310; Dilworth v. MeKelvy, 30Mo. 154; Boutelley. Warne,. 62 Mo. 353; Story on Bail., sects. 303, 422; Hazard v. Hall, 5 Mo. App. 584; 2 Pars, on Con. (7th ed.) 679,. 530, 531; Selby v. Hutchison, 9 III. 332 ; Loudon v. Taxing District, 104 U. S. 771; United States v. Behan, 110' Id. 345. The…
1Opinion of the CourtRombauer, J.
On the trial of this cause, the court instructed the jury to find a verdict for the plaintiff, which they did, and judgment was rendered accordingly.
It is an action of claim and delivery under the statute, and the general property in the articles' sued for was admitted to be in the plaintiff. Unless we find, that the defendant has offered legal evidence of a right to the possession of the property at the date of the institution of the suit, the judgment of the trial court must stand.
The defendant’s claim of such right of possession was threefold. It claimed to have a lien on the property by…
2Cases cited4 opinions
- Hutchins v. OlcuttSupreme Court of Vermont · 1832
- Campbell v. Polk CountySupreme Court of Missouri · 1872
- Life Ass'n of America v. CravensSupreme Court of Missouri · 1875
- Van Studdiford v. HazlettSupreme Court of Missouri · 1874
3Cited by6 opinions
- Emerson v. TreadwayMissouri Court of Appeals · 1954
- Lewis v. MasonSupreme Court of Missouri · 1887
- Anthony v. CarpCourt of Appeals of Kansas · 1901
- J. I. Case Plow Works v. Union Iron WorksMissouri Court of Appeals · 1894
- Joslyn v. SmithNorth Dakota Supreme Court · 1891
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