Kerman v. Leeper
Missouri Court of Appeals
Appeal from Livingston Circuit Court. — Ron. Arch. B. Davis, Judge. (1) The court erred in overruling the demurrer to the evidence tendered by the defendant. Plaintiff must have a general or special property in the goods taken and the right to the immediate and exclusive possession thereof. TJpham v. Allen, 73 Mo. App. 228; Gray v. Parker, 38 Mo. 165; Sntton v. Railroad, 159 Mo. App. 685; Barnes v. Plessner, 137 Mo.
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Appeal from Livingston Circuit Court. — Ron. Arch. B. Davis, Judge. (1) The court erred in overruling the demurrer to the evidence tendered by the defendant. Plaintiff must have a general or special property in the goods taken and the right to the immediate and exclusive possession thereof. TJpham v. Allen, 73 Mo. App. 228; Gray v. Parker, 38 Mo. 165; Sntton v. Railroad, 159 Mo. App. 685; Barnes v. Plessner, 137 Mo. App. 571;. Shantz v. Shriner, 150 S. W. 727. (2) Defendants had a lien prior and superior to that of plaintiff given them under the lease with Lattin, and had possession of the…
1Opinion of the CourtJohnson, J.
This is an action in replevin to recover certain hotel furniture. No affidavit and bond being filed by plaintiff the property was left in possession of defendants and was sold by them during the pendency of the suit. The facts which control the disposition of the case are as follows:
The property, of the value of $800 was in the possession of defendants at the time of the beginning of this suit. It had belonged to the lessee of a hotel building owned by defendants and by the terms of the lease had been subject to a lien for unpaid rent. The lessee became a bankrupt and was indebted to…
2Cases cited5 opinions
- Dilworth v. McKelvySupreme Court of Missouri · 1860
- Boutell v. WarneSupreme Court of Missouri · 1876
- Sutton v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1911
- Shantz v. ShrinerMissouri Court of Appeals · 1912
- Barnes v. PlessnerMissouri Court of Appeals · 1909
3Cited by3 opinions
- Fashion Cleaners, Laundries Dyers v. De LongMissouri Court of Appeals · 1946
- Cindrick v. ScottMissouri Court of Appeals · 1931
- Sanders v. BrooksMissouri Court of Appeals · 1946