Jonesboro v. United Iron Works Co.
Missouri Court of Appeals
Appeal from Lawrence Circuit Court. — Hon. F. ■ GY Johnston, Judge. (1) The return of the sheriff on the writ of replevin was conclusive. Smoot v. Judd, 184 Mo. 518, 83 S. W. 481; Mason v. Perkins, 180 Mo. 707, 79 S. W. 683; Sams v. Armstrong, M's. Op. this Court, No. 1428, 8 App. 573, Mem. (2) The verdict does not support the judgment. Cordage Co. v. Yeargin, 87 Mo. App. 565; Kronk v. Reid, 105 Mo.
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Appeal from Lawrence Circuit Court. — Hon. F. ■ GY Johnston, Judge. (1) The return of the sheriff on the writ of replevin was conclusive. Smoot v. Judd, 184 Mo. 518, 83 S. W. 481; Mason v. Perkins, 180 Mo. 707, 79 S. W. 683; Sams v. Armstrong, M's. Op. this Court, No. 1428, 8 App. 573, Mem. (2) The verdict does not support the judgment. Cordage Co. v. Yeargin, 87 Mo. App. 565; Kronk v. Reid, 105 Mo. App. 432 and 434, 79 S. W. 1001. (3) Respondent’s time checks were not admissible in evidence. Coombs v. Coombs, 86 Mo. 178; Blacksmith Co-, v. Carreras, 19 Mo. App. 162; Light Co-, v. Carmody, 72…
1Opinion of the CourtBland, P. J.
(after stating the facts.)
1. The return of the sheriff to the writ of replevin shows that he took a forthcoming bond from the defendant for the delivery of the engine and tender, if it should be adjudged that plaintiff was entitled to their possession. The statute (sec. 4466, R. S. 1899) provides that a defendant in a replevin suit may give such a bond and retain possession of the property to abide the judgment of the court. In its judgment the court found the plaintiff was put in possession of the property by virtue of the writ of replevin and retained the possession thereof, and rendered…
2Cases cited30 opinions
- Anchor Milling Co. v. WalshSupreme Court of Missouri · 1891
- Tanner v. Lindell Railway Co.Supreme Court of Missouri · 1904
- Gayle v. Missouri Car & Foundry Co.Supreme Court of Missouri · 1903
- North St. Louis Building & Loan Ass'n v. ObertSupreme Court of Missouri · 1902
- Weil v. PostenSupreme Court of Missouri · 1883
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3Cited by8 opinions
- State Ex Rel. Rosen v. McLaughlinSupreme Court of Missouri · 1958
- Leavel v. JohnstonMissouri Court of Appeals · 1921
- Milne v. Chicago, Rock Island & Pacific Railway Co.Missouri Court of Appeals · 1911
- Consolidated National Bank v. CunninghamArizona Supreme Court · 1922
- Fergusson v. ComfortMissouri Court of Appeals · 1916
3 more not listed; retrieve them via the Exa API.