Campbell v. McCaskill
Missouri Court of Appeals
Appeal from Shannon Circuit Court. — Mon. W. N. Evans. Judge. STATEMENT OE THE CASE BY THE COURT. This is a replevin for sixty head of cattle branded with a circle “0” on the right hip.
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Appeal from Shannon Circuit Court. — Mon. W. N. Evans. Judge. STATEMENT OE THE CASE BY THE COURT. This is a replevin for sixty head of cattle branded with a circle “0” on the right hip. There were three defendants, Randall, McCaskill and Derrick, whose separate answers averred that Randall purchased the cattle from the former owner, McCaskill, under a bill of sale to secure a note for $462.50, dated October 25, 1898, due fifteen days thereafter; that subject to the bill of sale, McCaskill was the owner of the cattle and that Derrick has no interest whatever in them, but was in possession…
1Opinion of the CourtBond, J.
The first question presented is, did the trial court unjudicially exercise its discretion in refusing the continuance applied for by the appellants ? Eor, unless this was done, the error assigned in that respect is untenable. State v. Dewitt, 152 Mo. loc. cit. 85; State v. Maddox, 117 Mo. 667; Alt v. Groseclose, 61 Mo. App. 409. The ground of the application was the insufficient authentication of a copy of the muniment of title relied upon by the plaintiffs to establish their ownership to the property in dispute. The application disclosed the necessary use of the original mortgage in a…
2Cases cited2 opinions
- State v. MaddoxSupreme Court of Missouri · 1893
- Alt v. GroscloseMissouri Court of Appeals · 1895
3Cited by1 opinion
- Plank v. SummersCourt of Appeals of Maryland · 1954