White v. Storms
Missouri Court of Appeals
Appeal from Carroll Circuit Court, How. James M. Davis, Judge. The case is stated in the opinion. I. For aught that appears, plaintiff, though not the owner of the sow, might have been entitled to her possession, and such possession would entitle him to’ possession of the shoats. Stewart v. Ball, 33 Mo. 154. II.
Read the full summary
Appeal from Carroll Circuit Court, How. James M. Davis, Judge. The case is stated in the opinion. I. For aught that appears, plaintiff, though not the owner of the sow, might have been entitled to her possession, and such possession would entitle him to’ possession of the shoats. Stewart v. Ball, 33 Mo. 154. II. Defendants claim the sow and pigs generally, and not upon the ground that the ownership of the pigs follows that of the sow, and the pleadings, nor evidence, raise no such issue as to the latter. III. The correct rule as to value, is to assess the value of the property at the time of…
1Opinion of the CourtPhilips, P. J.
— This is an action in replevin to recover possession of a sow and a number of pigs. On a *289trial had before a jury, the issues were found for defendant, and the value of the property was assessed at forty dollars, for which sum judgment was rendered against the plaintiff.
The only errors assigned arise on certain instructions given by the court on behalf of defendant. ' The first instruction complained of told the jury, in effect, that if they found from the evidence that the sow in question was the property of the defendant, that the pigs, the offspring of the sow, also belonged to defendant.…
2Cases cited4 opinions
- Noble v. BlountSupreme Court of Missouri · 1883
- Chapman v. KerrSupreme Court of Missouri · 1883
- Mix v. KepnerSupreme Court of Missouri · 1883
- Stewart ex rel. Ashley v. Ball's AdministratorSupreme Court of Missouri · 1862
3Cited by9 opinions
- First National Bank v. EichmeierSupreme Court of Iowa · 1911
- W. W. Kendall Boot & Shoe Co. v. BainMissouri Court of Appeals · 1891
- Wade v. GouldSupreme Court of Oklahoma · 1899
- Wm. S. Merrill Chemical Co. v. NickellsMissouri Court of Appeals · 1896
- Edmonston v. WilsonMissouri Court of Appeals · 1892
4 more not listed; retrieve them via the Exa API.