Perrin v. Claflin
Supreme Court of Missouri
ERROR to St. Louis Court of Common Pleas 1. The court erred in instructing the ¡jury that the plaintiff had failed to prove the defendant guilty of a trespass, and in directing the jury, under the evidence, to find for the defendant. 1st. Because the court usurped the province of the jury. There was no evidence before the jury from which they could infer that the attachment was levied upon the goods of Perrin, hy the direction of Clafiin; and 2nd.
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ERROR to St. Louis Court of Common Pleas 1. The court erred in instructing the ¡jury that the plaintiff had failed to prove the defendant guilty of a trespass, and in directing the jury, under the evidence, to find for the defendant. 1st. Because the court usurped the province of the jury. There was no evidence before the jury from which they could infer that the attachment was levied upon the goods of Perrin, hy the direction of Clafiin; and 2nd. There was direct and positive evidence of the assent of Clafiin, for it was distinctly proved that when Perrin interpleaded, he appeared and…
1Opinion of the CourtNapton, J.
Perrin brought an action of trespass de bonis asporlatis against Claflin, to recover the value of certain goods seized under an attachment against one Shepperd, and damages for the seizure. On the trial, the plaintiff proved that his goods had been taken by the sheriff under a writ of attachment issued from the Court of Common Pleas in favor of William and Lee Clafiin, against Edward Shepperd; that after the seizure-, he (plaintiff) had interpleaded, claiming the goods seized as his property; that the trial of this issue resulted in a verdict for Mm, and that the Claflins, not satisfied,…
2Cited by15 opinions
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- McIntosh v. KnoxNevada Supreme Court · 1917
- Murry v. BelmoreNew Mexico Supreme Court · 1916
- Schluter v. JacobsSupreme Court of Colorado · 1887
- Clark v. BrottSupreme Court of Missouri · 1880
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