Updyke v. Wheeler
Missouri Court of Appeals
Appeal from the Jasper Circuit Court. — Hon. M. G-. McGregor, Judge. (1) The finding of the jury, trying a case in replevin, must be as to the whole of the property replevied; and the verdict, where the property consists of a number of articles, may be in favor of plaintiff as to a part, and in favor of defendant as to a part, according to the rights of the respective parties, as disclosed by the evidence.
Read the full summary
Appeal from the Jasper Circuit Court. — Hon. M. G-. McGregor, Judge. (1) The finding of the jury, trying a case in replevin, must be as to the whole of the property replevied; and the verdict, where the property consists of a number of articles, may be in favor of plaintiff as to a part, and in favor of defendant as to a part, according to the rights of the respective parties, as disclosed by the evidence. E. S. 1879, sec. 3673; Hotchkiss v. Ashley, 44 Yt. 195; Blden v. Thompson, 2 Har. and G. Md. 32; Powell v. Hinsdale, 5 Mass. 343; Cla/rk v. Keith, 9 Ohio, page 72; Brown v. Smith, 1 N. H.…
1Opinion of the CourtEllison, J.
This is an action of replevin instituted in the circuit court of Jasper county. The defendant’s answer was a general denial, and, as a further defense, *684alleged that he was constable of Marion township, in said county, and, as such, he had levied upon and was holding the property, by virtue of a writ of attachment issued by a justice of the peace in said county in the cause of “John B. Cole and Stephen B. Cox, plaintiffs v. J. W. Shepard, defendant.” The cause for attachment, as stated in the affidavit, was that “the defendant, J. W. Shepard, has disposed of the crop grown by him as tenant of…
2Cases cited3 opinions
- Spooner v. Hannibal & St. Joseph RailroadMissouri Court of Appeals · 1886
- State ex rel. Lemon v. RuckerMissouri Court of Appeals · 1885
- Smith v. LydickSupreme Court of Missouri · 1868
3Cited by7 opinions
- Mentzer v. EllisonColorado Court of Appeals · 1896
- Rhoades v. McNultyMissouri Court of Appeals · 1893
- Stipel v. PiggottMissouri Court of Appeals · 1925
- Ætna National Bank v. Water Power Co.Missouri Court of Appeals · 1894
- Maryville National Bank v. SnyderMissouri Court of Appeals · 1900
2 more not listed; retrieve them via the Exa API.