Absher v. Franklin
Missouri Court of Appeals
Appeal from Wright Circuit Court. — Hon. Argus Oox, Judge. The court erred in not permitting plaintiff to open and close the argument to the jury. In our statutory action of replevin the burden of proof is always on the plaintiff, in the first instance to show that he was at the time of the commencement of his suit entitled to the possession of the property, which entitles him to open and close the argument, and it was a reversible error to deny him this right.
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Appeal from Wright Circuit Court. — Hon. Argus Oox, Judge. The court erred in not permitting plaintiff to open and close the argument to the jury. In our statutory action of replevin the burden of proof is always on the plaintiff, in the first instance to show that he was at the time of the commencement of his suit entitled to the possession of the property, which entitles him to open and close the argument, and it was a reversible error to deny him this right. Porter v. Jones, 52 Mo. 403; Bates v. Forcht, 89 Mo. 121; Quarry Co. v. Lyons Con. Co., 72 Mo. App. 530; Mfg. Co. v. Mfg. Co., 42 Mo.…
1Opinion of the CourtNortgni, J.
(after stating the facts). — The court instructed the jury for the plaintiff, in substance, first, that if the jury believed from the evidence plaintiff was the owner and entitled to the possession of the steer at the time of the institution of the suit, they should find the issues for him. Second, that if the jury believed from all the facts and circumstances in evidence Barnes sold the steer without the knowledge or consent of the plaintiff, and converted the proceeds thereof to his own use, then the defendant was not an innocent purchaser and they should find the issues for the plaintiff.
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2Cases cited6 opinions
- Porter v. JonesSupreme Court of Missouri · 1873
- Bates v. ForchtSupreme Court of Missouri · 1886
- Stroud v. MortonMissouri Court of Appeals · 1897
- Henry Gaus & Sons Manufacturing Co. v. Magee, Lattimore & La Berge Manufacturing Co.Missouri Court of Appeals · 1890
- Clarkson v. JenkinsMissouri Court of Appeals · 1892
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3Cited by6 opinions
- Pearson v. LaffertyMissouri Court of Appeals · 1917
- Dorrell v. SparksMissouri Court of Appeals · 1910
- Braunstein v. City of LouisvilleCourt of Appeals of Kentucky · 1912
- Manpower, Inc. v. Area Development Corp.Missouri Court of Appeals · 1969
- Yancey v. Southern Wholesale Lumber Co.Supreme Court of South Carolina · 1924
1 more not listed; retrieve them via the Exa API.