Woodburn v. Cogdal
Supreme Court of Missouri
Appeal from St. Louis Court of Common Pleas. The Instructions given and refused were as follows : Given for the plaintiffs — “If the jury find from the evidence that the said Yokum, Gaunt & Scroggins sold and delivered the staves to the plaintiffs, and that plaintiffs were at the time of the sale the owners of and entitled to the possession of the said staves, and that the defendants afterwards without the knowledge or consent of plaintiffs took possession of said staves and…
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Appeal from St. Louis Court of Common Pleas. The Instructions given and refused were as follows : Given for the plaintiffs — “If the jury find from the evidence that the said Yokum, Gaunt & Scroggins sold and delivered the staves to the plaintiffs, and that plaintiffs were at the time of the sale the owners of and entitled to the possession of the said staves, and that the defendants afterwards without the knowledge or consent of plaintiffs took possession of said staves and carried them away, then you must find for the plaintiffs.” Given by the court on its own motion, to which plaintiffs…
1Opinion of the CourtFagg, Judge
The following general statement of the case will show the points presented for the consideration of the court.
The defendant Cogdal being in possession of a certain quantity of staves, the plaintiffs, claiming to be the owners, commenced suit therefor in the Court of Common Pleas for *227St. Louis county, under the provisions of that portion of the practice act relating to the claim and delivery of personal property. Meyer failed to appear and plead to the petition, and judgment was taken against him by default; but there was no further prosecution of the suit as to him, the case being tried by a…
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