Burkeholder v. Rudrow
Missouri Court of Appeals
Appeal from Grundy Circuit Court, Hon. Chas. H. S. Goodman, Judge. Statement of case by the court. This is an action of replevin based on the following petition: “Plaintiff, for cause of action, states that he is entitled to the possession of the following specific personal property, to-wit: One log wagon with two-inch tire and one log wagon with one and three-fourths inch tire; one span of bay horses, eleven and twelve years old last spring, known as the ‘Ells teamone span…
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Appeal from Grundy Circuit Court, Hon. Chas. H. S. Goodman, Judge. Statement of case by the court. This is an action of replevin based on the following petition: “Plaintiff, for cause of action, states that he is entitled to the possession of the following specific personal property, to-wit: One log wagon with two-inch tire and one log wagon with one and three-fourths inch tire; one span of bay horses, eleven and twelve years old last spring, known as the ‘Ells teamone span of two bay horses ten years old, called ‘Bob’ and ‘Jack’; one blind bay horse eight years old last spring, and one bay…
1Opinion of the CourtEllison, J.
The main question presented in this case as shown by the instructions given and refused is as to the measure of damages. The question is fully settled against appellant in the cases of Pope v. Jenkins (30 Mo. 528); Chapman v. Kerr (80 Mo. 158); Mix v. Kepner (81 Mo. 93). Defendants evidently asked their instructions under the cases of Woodburn v. Meyer (39 Mo. 222), and Miller v. Whitson (40 Mo. 97). Each of these eases are overruled by that of Chapman et al. v. Kerr, supra, where Judge Henry especially approves of Pope v. Jenkins and disapproves of Woodburn v. Meyer and Miller v. Whitson.
The…
2Cases cited9 opinions
- Christal v. CraigSupreme Court of Missouri · 1883
- Exchange National Bank v. AllenSupreme Court of Missouri · 1878
- Chapman v. KerrSupreme Court of Missouri · 1883
- Miller v. HardinSupreme Court of Missouri · 1877
- Mix v. KepnerSupreme Court of Missouri · 1883
4 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Ocala Foundry & Machine Works v. LesterSupreme Court of Florida · 1905
- Wm. S. Merrill Chemical Co. v. NickellsMissouri Court of Appeals · 1896
- Anchor Milling Co. v. WalshMissouri Court of Appeals · 1887
- State Rel. Stevenson v. American SuretyMissouri Court of Appeals · 1934
- Cook v. ClaryMissouri Court of Appeals · 1892
1 more not listed; retrieve them via the Exa API.