Kaufmann v. Schilling
Supreme Court of Missouri
Erroi' to Jefferson Circuit Court. Replevin will lie only for property which can be specifically distinguished from all other articles of the same kind, by indicia, or ear marks or otherwise. (Blackst. Comm., Vol. I, p. 122, Side p. 151; Bouv. Law Die., vol. I, [12 Ed.] p. 40; Gray vs. Parker, 38 Mo., 160.)
1Opinion of the CourtWagner, Judge
This was a proceeding in the nature of replevin for the recovery of thirty-five bushels of oats, brought before a justice of the peace under the provisions of the statute in regard to the claim and delivery of personal property (2 Wagn. Stat., 817, § 1). On a trial in the justice’s court, plaintiff had judgment, and in the Circuit Court the same result followed. The only question of any importance in the case is, whether, under the circumstances, replevin was the appropriate remedy. From the record it seems that plaintiff leased of defendant a farm for the period of one year, for which he was…
2Cases cited1 opinion
- Gray v. ParkerSupreme Court of Missouri · 1866
3Cited by24 opinions
- Hamilton v. ClarkMissouri Court of Appeals · 1887
- Ellingboe v. BrakkenSupreme Court of Minnesota · 1886
- Martin v. ThompsonSupreme Court of Missouri · 1916
- Boaz v. FerrellCourt of Appeals of Texas · 1912
- Glass v. Blazer Bros.Missouri Court of Appeals · 1902
19 more not listed; retrieve them via the Exa API.