Revercomb ex rel. Swift v. Duker
Missouri Court of Appeals
Appeal from the Shelby Circuit Court. — Hon. Andrew Ellison, Judge. The question whether there has been such a delivery or and change of possession as complies with section 5178, Revised Statutes 1889, is a question of law for the court. Stern v. Henley, 68 Mo. 262; State ex rel. v. Groetz, 131 'Mo. 675; Knoop ex rel. v. Nelson Dis. Co., 26 Mo.
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Appeal from the Shelby Circuit Court. — Hon. Andrew Ellison, Judge. The question whether there has been such a delivery or and change of possession as complies with section 5178, Revised Statutes 1889, is a question of law for the court. Stern v. Henley, 68 Mo. 262; State ex rel. v. Groetz, 131 'Mo. 675; Knoop ex rel. v. Nelson Dis. Co., 26 Mo. App. 303; Wright v. McCormick, 67 Mo. 426; Stewart v. Nelson, 79 Mo. 524. The petition is insufficient, as no breach of the bond sued upon is legally alleged or set forth, and the court should, therefore, have sustained defendants’ objection to the…
1Opinion of the CourtBond, J.
— This action is upon a bond given by the defendants to indemnify a constable against any damages to D. B. Swift occasioned by the levy of an execution upon certain property claimed by the latter. There was a verdict and judgment for plaintiff. Defendant appealed. The chief point relied on to reverse this judgment is the alleged insufficiency of the evidence to show a change of possession of the property at the time of the making of a bill of sale thereof to D. B. Swift. It appears from the evidence that the property in question was mortgaged in 1896 to Swift to secure $825 due him, subject…
2Cases cited3 opinions
- Wright v. McCormickSupreme Court of Missouri · 1878
- Knoop ex rel. Miller v. Nelson Distilling Co.Missouri Court of Appeals · 1887
- State ex rel. Baumunk v. GoetzSupreme Court of Missouri · 1895
3Cited by4 opinions
- Grand Avenue Bank v. St. Louis Union Trust Co.Missouri Court of Appeals · 1909
- State ex rel. Sondheimer Co. v. StoneMissouri Court of Appeals · 1905
- Mitchel ex rel. v. TinsleyMissouri Court of Appeals · 1900
- Klie v. WellmanMissouri Court of Appeals · 1915