Ingals v. Ferguson
Supreme Court of Missouri
Certified from St. Louis Court of Appeals. (1) The plaintiff was entitled to recover in this action, because the animal in question was clearly partnership or joint property, and, therefore, one of the partners, or joint owners, the husband, had a perfect right to dispose of it. Secs. 6864 and 6869, R. S. Mo. 1889; Picotte v. Cooley, 10 Mo. 313; Childress v. Cutter, 16 Mo. 24; 3 Am. and Eng. Ency. Law, p. 358; Lindell v. McNair, 4 Mo. 380; 9 Am. and Eng. Ency.
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Certified from St. Louis Court of Appeals. (1) The plaintiff was entitled to recover in this action, because the animal in question was clearly partnership or joint property, and, therefore, one of the partners, or joint owners, the husband, had a perfect right to dispose of it. Secs. 6864 and 6869, R. S. Mo. 1889; Picotte v. Cooley, 10 Mo. 313; Childress v. Cutter, 16 Mo. 24; 3 Am. and Eng. Ency. Law, p. 358; Lindell v. McNair, 4 Mo. 380; 9 Am. and Eng. Ency. Law, p. 840; Woodford v. Stephens, 51 Mo. 443; Kinealy v. Macldin, 89 Mo. 433; Weil v. Simmons, 66 Mo. 617; Sloan v. Torry-, 78 Mo.…
1Opinion of the CourtGantt, P. J.
This is an action of replevin for a mare. The appeal has been certified to this court by the St. Louis Court of Appeals, because one of the judges of that court deemed the opinion of the majority to be contrary to previous decisions of this court. Const. Arndt, of 1884, sec. 6.
The plaintiff gave bond and possession of the mare was delivered to him by the officer serving the writ. The jury found the issues for the defendant and assessed the value of the animal at $70 and the damages for detention at $50, and the circuit ^ourt rendered judgment accordingly. From that judgment plaintiff appeals.
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2Cases cited1 opinion
- Cross v. HulettSupreme Court of Missouri · 1873
3Cited by9 opinions
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- Christianson v. McDermott EstateMissouri Court of Appeals · 1907
- Yoakum v. DavisMissouri Court of Appeals · 1912
- Malone v. HarlinMissouri Court of Appeals · 1926
- Miller v. CriglerMissouri Court of Appeals · 1900
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