Meeks v. Clear Jack Mining Co.
Missouri Court of Appeals
Appeal from Barton Circuit Court. — Hon. Samuel Davis, Judge. (1) The court erred in permitting the plaintiffs to proceed to trial without first returning to defendants the ore involved in the litigation. Shoe Mac. Co. v. Rambon, 210 Mo. 681; Hoehenthal v. Watson, 28 M'o. 360; White v. Yanhoutin, 57 Mo. 577; State ex rel. v. Dunn, 60 Mo. 64; Manley v. King, 40 Mo. App. 531; Clinton v. Stovall, 45 Mo.
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Appeal from Barton Circuit Court. — Hon. Samuel Davis, Judge. (1) The court erred in permitting the plaintiffs to proceed to trial without first returning to defendants the ore involved in the litigation. Shoe Mac. Co. v. Rambon, 210 Mo. 681; Hoehenthal v. Watson, 28 M'o. 360; White v. Yanhoutin, 57 Mo. 577; State ex rel. v. Dunn, 60 Mo. 64; Manley v. King, 40 Mo. App. 531; Clinton v. Stovall, 45 Mo. App. 642; R. S. 1899, sec. 4465. (2) The heir and not the administrator of R. H. Branch, deceased, should have been a party. Chambers Admr. v. Wright’s Heirs, 40 Mo. 482; Hall v. Bank, 145 Mo.…
1Opinion of the CourtGray, J.
On the 18th day of November, 1903, there was filed in the office of the clerk of the circuit court of Jasper county, Missouri, a petition and affidavit in replevin in which J. A. Meeks, M. G. Branch, administrator, M. G. Branch, Mary A. Cobb, A. L. Johnson, Thomas Morgan, Harry Tamblyn, R. E. Sanford and Corrie Cole, were named as plaintiffs and appellant and P. 0. Chesney, defendants. The affidavit was made on a separate paper and signed and sworn to by Harry Tamblyn. A bond was given and the writ of re-plevin issued, and under it, the sheriff took the property from the defendants and…
2Cases cited28 opinions
- Dixon v. NiccollsIllinois Supreme Court · 1866
- White v. St. Louis & Meramec River RailroadSupreme Court of Missouri · 1907
- Austin v. Huntsville Coal & Mining Co.Supreme Court of Missouri · 1880
- Hendricks v. CallowaySupreme Court of Missouri · 1908
- Hall v. Farmers & Merchants' BankSupreme Court of Missouri · 1898
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3Cited by5 opinions
- London Extension Mining Co. v. EllisCourt of Appeals for the Tenth Circuit · 1943
- Eldon Ice & Fuel Co. v. VanhooserMissouri Court of Appeals · 1912
- Rodriguez v. ShacklettCourt of Appeals of Texas · 1940
- Chappel v. FosterSupreme Court of Kansas · 1912
- McFadden's EstatePennsylvania Orphans' Court, Venango County · 1940