Weeks v. Etter
Supreme Court of Missouri
Appeal from Moniteau Circuit Court.—Hon. E. L. Edwards, Judge. The judgment of the justice being one of nonsuit, there should have been a motion filed to set the same aside, and without such motion the appeal was a nullity.
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Appeal from Moniteau Circuit Court.—Hon. E. L. Edwards, Judge. The judgment of the justice being one of nonsuit, there should have been a motion filed to set the same aside, and without such motion the appeal was a nullity. R. S., 3041. The instruction given for plaintiff is not a proper one in a replevin suit, where the only question at issue is the right to the possession of the chattel. 2 Wharton Ev., § 1331; Grartside v. Nixon, 43 Mo. 139. The instruction is further erroneous in declaring the possession of the hog in October’, 1879, to be presumptive evidence of title. The suit was…
1Opinion of the Court
Ewing, C.
This was a statutory proceeding before a justice of the peace for the claim and delivery of persona' property, to-wit, “a black berkshire barrow hog, of the value of $6.” The defendant moved to dismiss, because the hog was in custody of the law and not subject to replevy. This motion was sustained. The plaintiff then appealed to the circuit court of Miller county, where the defendant moved to dismiss for want of jurisdiction, upon the ground that the judgment of the justice was a nonsuit, and the plaintiff did not move to set it aside, as required by statute, within ten days, nor at…
2Cases cited3 opinions
- Summons v. BeaubienSupreme Court of Missouri · 1865
- Hannibal, Ralls County & Paris Plank Road Co. v. RobinsonSupreme Court of Missouri · 1858
- Smith v. LydickSupreme Court of Missouri · 1868
3Cited by10 opinions
- Brownfield v. ThompsonMissouri Court of Appeals · 1902
- Springfield Grocer Co. v. ShackelfordMissouri Court of Appeals · 1894
- State ex rel. Schonhorst v. ClineMissouri Court of Appeals · 1900
- Campbell v. BrownMissouri Court of Appeals · 1910
- State ex rel. Benson v. BrooksMissouri Court of Appeals · 1912
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