Legal Opinion

Dowdy v. Wamble

Supreme Court of Missouri

Decided May 23, 1892PublishedCited by 39 opinions

Certified from St. Louis Court of Appeals. The statement on which this canse was instituted reads as follows: “State oe Missouri, 1 gs. Before J. O. Jennings, “County of Stoddard, J Justic6 of the Peace- “John L. Dowdy, as guardian of minor ' heirs of G-eorge R. Harris, Plaintiff, v. > Statement. “Joseph Wamble and W. B. Jackson, Defendants.

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Certified from St. Louis Court of Appeals. The statement on which this canse was instituted reads as follows: “State oe Missouri, 1 gs. Before J. O. Jennings, “County of Stoddard, J Justic6 of the Peace- “John L. Dowdy, as guardian of minor ' heirs of G-eorge R. Harris, Plaintiff, v. > Statement. “Joseph Wamble and W. B. Jackson, Defendants. “Plaintiff states that he is lawfully entitled to the possession of a certain lot of white-oak staves of the value of $50; that the same was on the twenty-fourth day of April, 1888, unlawfully taken, has been injured and is now wrongfully detained at the…

1Opinion of the CourtBarclay, J.

This is a statutory action in the nature of replevin, begun before a justice of the peace, to recover a lot of white oak staves.

After the' execution of an order of delivery, defendants personally appeared, a trial followed and plaintiff had judgment for possession, etc. Defendants appealed to the circuit court, and there made a motion to dismiss the action, because, first, the statement filed by plaintiff was not properly verified; second, that no cause of action in replevin was stated, in that it was not alleged “that the defendants or either of them took, injured or detained the property in…

2Cases cited12 opinions

  1. Hansberger v. Pacific RailroadSupreme Court of Missouri · 1869
  2. State ex rel. Union Depot Railroad v. Southern Railway Co.Supreme Court of Missouri · 1889
  3. Rosenheim v. HartsockSupreme Court of Missouri · 1886
  4. Haggard v. Atlantic & Pacific RailroadSupreme Court of Missouri · 1876
  5. Gist v. LoringSupreme Court of Missouri · 1875

7 more not listed; retrieve them via the Exa API.

3Cited by39 opinions

  1. Thompson v. Terminal Shares, Inc.Court of Appeals for the Eighth Circuit · 1937
  2. State ex rel. Mau v. AushermanWyoming Supreme Court · 1903
  3. Aldrich v. SteenNebraska Supreme Court · 1904
  4. Ussery v. HaynesSupreme Court of Missouri · 1939
  5. Mosier v. Oregon Navigation Co.Oregon Supreme Court · 1901

34 more not listed; retrieve them via the Exa API.

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