Reed v. Wilson
Supreme Court of Missouri
APPEAL FROM HOWARD CIRCUIT COURT. cited: 1. Rey. Code, title Replevin ; Broadwater v. Dame, 10 Mo. R. 277 ; 1 Chitty’s PL 82-3, 138, 187. 2. Rev. Code, title Insane Persons, §§ 13,14, p. 595 ; Story on Bailments, 109 ; 19 Wend. 306, 3 Johns. Cases, 13 ; 3 Watts & Serg. 416 ; 2 Ark. R. 326. 3. The court erred in assessing the damages — this is like all other caseh — the court, we think, has no power to assess the damages against the consent of either party. 9 Mo.
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APPEAL FROM HOWARD CIRCUIT COURT. cited: 1. Rey. Code, title Replevin ; Broadwater v. Dame, 10 Mo. R. 277 ; 1 Chitty’s PL 82-3, 138, 187. 2. Rev. Code, title Insane Persons, §§ 13,14, p. 595 ; Story on Bailments, 109 ; 19 Wend. 306, 3 Johns. Cases, 13 ; 3 Watts & Serg. 416 ; 2 Ark. R. 326. 3. The court erred in assessing the damages — this is like all other caseh — the court, we think, has no power to assess the damages against the consent of either party. 9 Mo. R. 163. 1. The admendment of the plea and the refusal of the court to render judgment for want of a plea, are matters within the…
1Opinion of the CourtBirch, J.
Reed, as guardian of Tolson, a lunatic, brought au action of replevin against Wilson & Garner for the detention of slaves and other personal property. At the return term the defendants pleaded the general issue, entitling it “ at the suit of Tolson, by her guardian,” upon which the plaintiff took issue. At the trial term, the defendants had leave to amend their plea, by entitling “at the suit of Reed, guardian of P. Tolson,” corresponding with the declaration. The plaintiff having ineffectually objected to the amendment,, thereupon moved for judgment against the defendants for want of plea,…
2Cited by4 opinions
- Allen v. RansonSupreme Court of Missouri · 1869
- Wamsganz v. WolffMissouri Court of Appeals · 1900
- Menz v. BeebeWisconsin Supreme Court · 1897
- Koenig v. Union Depot Railway Co.Supreme Court of Missouri · 1906