Sears, Roebuck & Co. v. Hupert

WOLFE, Judge.

This is an action in replevin originating in the Magistrate Court of the City of St. Louis. The Magistrate sustained a motion by defendant Leola Moors to dismiss the action, and the plaintiff appealed to the Circuit Court. A like motion was sustained in the Circuit Court, and from the judgment dismissing the case without prejudice the plaintiff prosecutes this appeal.

The action was instituted by filing a “Statement and Affidavit in Replevin” in the Magistrate Court. This statement set forth that the plaintiff was lawfully entitled to possession of a refrigerator wrongfully…