Pettingill v. Jones
Missouri Court of Appeals
Appeal from the Greene Circuit Court, Hon. W. D. Hubbard, Judge. The court of its own accord, and without plaintiffs’ request, and against defendant’s objection, submitted two special findings to the jury, which was error, as shown by the statute -on that subject and the decisions of this court. Sess. Acts, 1885, p. 214. There should have been a verdict for or against plaintiff Pettingill.
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Appeal from the Greene Circuit Court, Hon. W. D. Hubbard, Judge. The court of its own accord, and without plaintiffs’ request, and against defendant’s objection, submitted two special findings to the jury, which was error, as shown by the statute -on that subject and the decisions of this court. Sess. Acts, 1885, p. 214. There should have been a verdict for or against plaintiff Pettingill. The court erred in its instructions to the jury with reference to their verdict, virtually telling them that there need be no finding as to plaintiff Pettingill, and erred in receiving the verdict as…
1Opinion of the CourtRombauer, P. J.
This action is in replevin • and the controversy turned upon the point whether the plaintiff Moore was a purchaser in good faith of the property from one Hazen, the debtor in the attachment writ under which the goods were seized by the defendant constable, as Hazen’s property, at the instance of his creditors. An additional point arose.touching the question whether the plaintiff Pettingill had any interest in the property at the date of the institution of the suit.
The jury, under the instructions of the court, found a verdict in favor of plaintiff Moore in the following words: “We, the jury,…
2Cases cited8 opinions
- Shelley v. BootheSupreme Court of Missouri · 1880
- Albert v. BeselSupreme Court of Missouri · 1885
- Dallam v. RenshawSupreme Court of Missouri · 1858
- Ames v. GilmoreSupreme Court of Missouri · 1875
- Primm v. WalkerSupreme Court of Missouri · 1866
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3Cited by2 opinions
- Goar v. BelinderMissouri Court of Appeals · 1923
- Walker v. LewisMissouri Court of Appeals · 1910