Edmonston v. Jones
Missouri Court of Appeals
Appeal from Audrain Circuit Court. — Hon. Elliott M. Hughes, Judge. (1) - The court erred in excluding the papers in the replevin suit of E. E. Jones v. Mrs. Mary Rickey, and other evidence proffered by plaintiff for the ■ purpose of showing that Jones had split his cause of action and had abandoned his effort to recover the hogs in controversy in said replevin suit, and had proceeded to judgment for other property described in the writ, all of which constituted but one…
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Appeal from Audrain Circuit Court. — Hon. Elliott M. Hughes, Judge. (1) - The court erred in excluding the papers in the replevin suit of E. E. Jones v. Mrs. Mary Rickey, and other evidence proffered by plaintiff for the ■ purpose of showing that Jones had split his cause of action and had abandoned his effort to recover the hogs in controversy in said replevin suit, and had proceeded to judgment for other property described in the writ, all of which constituted but one cause of action, both chattel mortgages having been given to secure one and the same note. Bank v. Tracey, 141 Mo. 258, and…
1Opinion of the CourtBarclay, J.
This is a suit for damages for trespass. The amended petition of the plaintiff presents, two counts. Their substance is as follows:
First Count. Plaintiff charges that he was owner of 39 hogs of the value of $300, May 25,1899, and that defendant, on said date, willfully and maliciously entered plaintiff’s inclosure where the hogs were, drove them away and converted them to his own use, for which acts plaintiff asks judgment for the value of the animals and exemplary damages in the sum of $200, charging that the acts were wantonly and maliciously done.
Second Count. The foregoing facts are…
2Cases cited9 opinions
- Henry v. WoodsSupreme Court of Missouri · 1883
- State ex rel. Hospes v. BranchSupreme Court of Missouri · 1896
- Wheeler Savings Bank v. TraceySupreme Court of Missouri · 1897
- Moran v. PlankintonSupreme Court of Missouri · 1876
- Bowens v. BensonSupreme Court of Missouri · 1874
4 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- St. John v. Andrews Institute for GirlsNew York Court of Appeals · 1908
- Vineseck v. Great Northern Railway Co.Supreme Court of Minnesota · 1917
- Atherton v. Kansas City Power & Light Co.Supreme Court of Missouri · 1947
- Putthoff v. WalkerMissouri Court of Appeals · 1923
- Frein v. Madesco Investment Corp.Missouri Court of Appeals · 1987
4 more not listed; retrieve them via the Exa API.