Legal Opinion

Freidenheit v. Edmundson

Supreme Court of Missouri

Decided August 15, 1865PublishedCited by 7 opinions

Error to Buchanan Court of Common Pleas. The court instructed the jury on plaintiff’s motion : 1. If the jury believe from the evidence that defendants with other persons wilfully and intentionally broke open the storehouse of the plaintiff, and wilfully and intentionally took and carried away therefrom divers articles of clothing or merchandise, forcibly and against the will of the plaintiff, they will find for the plaintiff the value of the goods so taken with interest…

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Error to Buchanan Court of Common Pleas. The court instructed the jury on plaintiff’s motion : 1. If the jury believe from the evidence that defendants with other persons wilfully and intentionally broke open the storehouse of the plaintiff, and wilfully and intentionally took and carried away therefrom divers articles of clothing or merchandise, forcibly and against the will of the plaintiff, they will find for the plaintiff the value of the goods so taken with interest thereon from the time the same were taken, and they may also find such further sum as to them may seem right in the way of…

1Opinion of the CourtHolmes, Judge

This case comes up by writ of error from the Buchanan Court of Common Pleas. The amended petition on which the case was tried, filed at the January term, 1864, states that the defendants, conspiring together and forming a design to resist the laws of the United States, wrongfully and with force of arms entered the plaintiff’s store, while he was present, and took and carried away a large quantity of ready made clothing, taken promiscously from his stock of goods, (the precise number and kind of the articles he cannot recollect, having been prevented from taking an inventory of them), and of…

2Cases cited5 opinions

  1. Goetz v. AmbsSupreme Court of Missouri · 1858
  2. Walker v. BorlandSupreme Court of Missouri · 1855
  3. Corwin v. WaltonSupreme Court of Missouri · 1853
  4. Wells v. SangerSupreme Court of Missouri · 1855
  5. Woodson v. ScottSupreme Court of Missouri · 1855

3Cited by7 opinions

  1. Pegram v. StortzWest Virginia Supreme Court · 1888
  2. Forrester v. Southern Pacific Co.Nevada Supreme Court · 1913
  3. Fay v. ParkerSupreme Court of New Hampshire · 1872
  4. Franz v. HilterbrandSupreme Court of Missouri · 1869
  5. McClellan v. Highland Sales & Investment CompanySupreme Court of Missouri · 1972

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