Legal Opinion

Spalding v. Columbia Theatre Co.

Missouri Court of Appeals

Decided April 6, 1915PublishedCited by 1 opinion

Appeal from St. Louis City Circuit Court. — No». J. Hugo Grimm, Judge. (1) In an action of replevin, tbe burden is on tbe plaintiff under a general denial to establish bis title to tbe property in question, and bis right to tbe immediate and exclusive possession thereof. Morgner v. Biggs, 46 Mo. '65; Phillips v. Schall, 21 Mo. App. 38; Gray v. Parker; 38 Mo. -165; Andrews v. Castocan, 30 Mo. App. 29; Steffen v. Long, 165 Mo.

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Appeal from St. Louis City Circuit Court. — No». J. Hugo Grimm, Judge. (1) In an action of replevin, tbe burden is on tbe plaintiff under a general denial to establish bis title to tbe property in question, and bis right to tbe immediate and exclusive possession thereof. Morgner v. Biggs, 46 Mo. '65; Phillips v. Schall, 21 Mo. App. 38; Gray v. Parker; 38 Mo. -165; Andrews v. Castocan, 30 Mo. App. 29; Steffen v. Long, 165 Mo. App. 254. (2) Whether a chattel has become an immovable fixture consists in the united application of the following tests: (a) Has there been a real or constructive…

1Opinion of the CourtAllen, J.

This is a suit in replevin for the possession of a certain lot of opera chairs. The petition avers that plaintiff is the owner and entitled to tbe possession of the property, of the value of $1500, and that defendant wrongfully detains the same from her. Judgment is prayed for the recovery thereof, and damages for the detention. The answer is a general denial.

' The trial before the court, without the intervention of a jury, resulted in a judgment in plaintiff’s favor for the possession of the property, and for one cent damages for the detention thereof; and the case is here upon the…

2Cases cited12 opinions

  1. Pond & Hasey Co. v. O'ConnorSupreme Court of Minnesota · 1897
  2. New York Life Ins. v. AllisonCourt of Appeals for the Second Circuit · 1901
  3. Bircher v. ParkerSupreme Court of Missouri · 1867
  4. Oliver v. LansingNebraska Supreme Court · 1899
  5. McLain Investment Co. v. CunninghamMissouri Court of Appeals · 1905

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3Cited by1 opinion

  1. JEP Enterprises, Inc. v. Wehrenberg, Inc.Missouri Court of Appeals · 2001

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