Pulliam v. Burlingame
Supreme Court of Missouri
Error to Gass Circuit Court.—Hon. Noah M. G-ivan, Judge Tbe record, as we conceive, presents but one point in tbe case, to-wit: Can one tenant in common of personal property maintain an action of replevin against bis eg-. owner, upon the sole ground that the latter borrowed thé property from him ? The record fails to show that any consideration was paid, or to be paid, for the use of the mules, and also fails to show that defendant agreed, or was bound, to return the same.
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Error to Gass Circuit Court.—Hon. Noah M. G-ivan, Judge Tbe record, as we conceive, presents but one point in tbe case, to-wit: Can one tenant in common of personal property maintain an action of replevin against bis eg-. owner, upon the sole ground that the latter borrowed thé property from him ? The record fails to show that any consideration was paid, or to be paid, for the use of the mules, and also fails to show that defendant agreed, or was bound, to return the same. “ Replevin or its statutory substitute, an action for the possession of specific personal property, cannot be maintained…
1Opinion of the Court
Martin, O.
The plaintiff brought an action of replevin in the circuit court for the recovery of two mules, alleging that he was “ the owner of, and entitled to the immediate possession of ” the same. The defendant in answer made a general denial of the facts alleged in the petition. The case was tried by the court, a jury being waived by the parties.
Plaintiff’ offered testimony tending to prove that he was the owner and in possession of the mules in controversy ; that about the month of February, 1880, defendant borrowed said mules from plaintiff’, but said nothing then about his wife’s…
2Cases cited17 opinions
- The "Idaho."Supreme Court of the United States · 1877
- Gray v. ParkerSupreme Court of Missouri · 1866
- Bates v. StantonThe Superior Court of New York City · 1852
- Wilcoxon v. OsbornSupreme Court of Missouri · 1883
- Burton v. WilkinsonSupreme Court of Vermont · 1846
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3Cited by21 opinions
- Mohr v. LanganSupreme Court of Missouri · 1901
- Gallick v. BordeauxMontana Supreme Court · 1899
- Sherwood v. NealMissouri Court of Appeals · 1890
- Upham & Gordon v. AllenMissouri Court of Appeals · 1898
- Kramer v. Grand National Bank of St. LouisSupreme Court of Missouri · 1935
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