Allison v. Darton
Supreme Court of Missouri
Error to Jackson Circuit Court. I. The court below did not find facts which- constitute a wrongful detainer, but assert the legal conclusion that “ defendant wrongfully detained said pony.” There is no finding of the fads. (See Practice Act, 1849, art. 15, sec. 2.) II. The finding shows a total failure of proof of the charging part of the petition, and then makes a new case for the plaintiff below, of which defendant below had no notice.
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Error to Jackson Circuit Court. I. The court below did not find facts which- constitute a wrongful detainer, but assert the legal conclusion that “ defendant wrongfully detained said pony.” There is no finding of the fads. (See Practice Act, 1849, art. 15, sec. 2.) II. The finding shows a total failure of proof of the charging part of the petition, and then makes a new case for the plaintiff below, of which defendant below had no notice. (See Link v. Vaughn, 17 Mo. 585 ; Beck v. Berrara, 19 Mo. 30 ; Egert v. Wickee, 10 How. Prac. R. 193.) III. Where the original taking is not found to be…
1Opinion of the CourtRyland, Judge
This was an action brought by Allison against Darton in the Circuit Court of Jackson county to recover a pony. The *345plaintiff in bis petition alleged that on tbe 6th day of January, A. D. 1855, at the county of Jackson, the defendant, without leave, wrongfully took the following property of the plaintiff, and has not returned the same, although often requested so to do, that is to say, one white stud pony, four years old last spring ; by which the plaintiff says he is damaged in the sum of sixty dollars, and asks judgment that said pony be delivered up to him by said defendant, and such other…
2Cases cited4 opinions
- Bates v. BowerSupreme Court of Missouri · 1853
- Farrar v. LyonSupreme Court of Missouri · 1853
- Javens v. HarrisSupreme Court of Missouri · 1855
- Walsh v. Edmonson'sSupreme Court of Missouri · 1853
3Cited by6 opinions
- Murphy v. BennettCalifornia Supreme Court · 1886
- City of St. Charles v. StookeyCourt of Appeals for the Eighth Circuit · 1907
- Nichols v. CarterMissouri Court of Appeals · 1892
- McBride v. Mercantile-Commerce Bank & Trust Co.Supreme Court of Missouri · 1932
- Winkelman v. MaddoxMissouri Court of Appeals · 1906
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