Knox v. Hunt & Labeaume
Supreme Court of Missouri
Error to St. Louis Circuit Court. This was an action of trespass commenced by Richard E. Knox, in October, 1848, against Hunt & Labeaume, to recover the value of certain property which had been seized and sold by Labeaume, as sheriff, under an execution in favor of Hunt against E. K. Dodge, together with damages for the taking of same. The plaintiff claimed the property by purchase from ■ James T. Key.
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Error to St. Louis Circuit Court. This was an action of trespass commenced by Richard E. Knox, in October, 1848, against Hunt & Labeaume, to recover the value of certain property which had been seized and sold by Labeaume, as sheriff, under an execution in favor of Hunt against E. K. Dodge, together with damages for the taking of same. The plaintiff claimed the property by purchase from ■ James T. Key. On the trial, evidence was offered tending to prove that James T. Key formed a co-partnership with Parker Dodge, in December, 1847, to carry on the coal business, at the coal banks leased by E.…
1Opinion of the CourtRylakd, Judge
From the facts in this case, as stated, it becomes necessary for this court to notice three or four principal matters, as the decision of these will settle the case.
1. First, the matter in relation to the trial of the right of property before the sheriff, and the giving the record of that trial in evidence. The plaintiff objected to this being given as evidence to the jury. The court permitted it to be given, and, by instruction, took the evidence from the jury afterwards. The plaintiff relies on what was said by the court in the case of the State v. Mix, 15 Mo. Rep. 153. In that case and in…
2Cases cited2 opinions
- State v. MixSupreme Court of Missouri · 1851
- Kendall v. HughesCourt of Appeals of Kentucky · 1846
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- Cowling v. EstesAppellate Court of Illinois · 1884
- Fowles v. BebeeMissouri Court of Appeals · 1894