Johnson-Brinkman Commission Co. v. Missouri Pacific Railway Co.
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Hon. John W. Henry, Judge. (1) The court erred m ruling as a matter of law, that the mere act of bringing an attachment suit was a conclusive election between inconsistent remedies and was a complete bar to this action. Anchor Milling Co. v. Walsh, 20 Mo. App. 107; Lapp v. Ryan, 23 Mo. App. 436; Foundry Go. v. Hersee, 33 Hun, 176; Butler v. Hildreth, 5 Met. 49; Mining Co. v. Mining Co., 7 Fed.
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Appeal from Jackson Circuit Court. — Hon. John W. Henry, Judge. (1) The court erred m ruling as a matter of law, that the mere act of bringing an attachment suit was a conclusive election between inconsistent remedies and was a complete bar to this action. Anchor Milling Co. v. Walsh, 20 Mo. App. 107; Lapp v. Ryan, 23 Mo. App. 436; Foundry Go. v. Hersee, 33 Hun, 176; Butler v. Hildreth, 5 Met. 49; Mining Co. v. Mining Co., 7 Fed. Rep. 424; Bimch v. Grave, 12 N. E. Rep. 517; Bigelow on Estoppel [2 Ed.], p. 503; Dillon v. Parker, 1 Swan’s Chancery, 359; Spread v. Morgan, 11 H. of L. Cas. 588;…
1Opinion of the CourtBurgess, J.
— This is an action of replevin for three car loads of wheat. On a trial before a jury, in the circuit court of Jackson county, there was a demurrer interposed by defendant to the evidence which was *346sustained, final judgment rendered for defendant, against plaintiff, for the value of the wheat at the time of the trial which was fixed at $1,237.34 and $92.80 for damages for its wrongful taking and detention. From the judgment plaintiff appealed to the Kansas City court of appeals, where the judgment was affirmed but that court certified the cause to this court because of the opinion of that…
2Cases cited34 opinions
- Terry v. . MungerNew York Court of Appeals · 1890
- Morris v. . RexfordNew York Court of Appeals · 1859
- Fowler v. . Bowery Savings BankNew York Court of Appeals · 1889
- Conrow v. . LittleNew York Court of Appeals · 1889
- Connihan v. ThompsonMassachusetts Supreme Judicial Court · 1873
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3Cited by45 opinions
- Kingsbery v. Phillips Petroleum CompanyCourt of Appeals of Texas · 1958
- Zimmerman v. Robinson & Co.Supreme Court of Iowa · 1905
- Grizzard v. FiteTennessee Supreme Court · 1916
- Otto v. YoungSupreme Court of Missouri · 1910
- King v. GuyMissouri Court of Appeals · 1957
40 more not listed; retrieve them via the Exa API.