Robertson v. Staed
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. Daniel Dillon, Judge. (1) First. The petition in an action of replevin must state that the plaintiff has a general or special property in the subject-matter of the suit. Benedict, etc., Co. v. Jones, 60 Mo. App. 219. Second. A receiver can not sue in a foreign jurisdiction. Ins. Co. v. Needles, 52 Mo. 17; Glenn v. Hunt, 120 Mo. 341; Booth v. Clark, 17 How. (U. S.) 322. (2) The court erred in the admission of testimony.
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Appeal from St. Louis City Circuit Court. — Hon. Daniel Dillon, Judge. (1) First. The petition in an action of replevin must state that the plaintiff has a general or special property in the subject-matter of the suit. Benedict, etc., Co. v. Jones, 60 Mo. App. 219. Second. A receiver can not sue in a foreign jurisdiction. Ins. Co. v. Needles, 52 Mo. 17; Glenn v. Hunt, 120 Mo. 341; Booth v. Clark, 17 How. (U. S.) 322. (2) The court erred in the admission of testimony. Charlotte v. Chouteau, 25 Mo. 465; White v. Chaney, 20 Mo. App. 396; Meyer v. McCabe, 73 Mo. 241; Eofheimer v. Losen, 24 Mo.…
1Opinion of the CourtMacfarlane, J.
This is an action of replevin to obtain the possession of a special railroad car known as the “Sierra Majado.”
*138The Monterey and Mexican Gulf Railroad Company is a corporation of the state of New York, which owned and operated a railroad in the republic of Mexico. This corporation having become insolvent, its property was, by a decree of the federal district court for the state of Neuvo Leon, placed in the hands of plaintiff Robertson as receiver. Under and by authority of this decree the receiver was put into the possession of all the property of the corporation, including the car “Sierra…
2Cases cited4 opinions
- Farmers & Merchants Insurance ex rel. Benneson v. NeedlesSupreme Court of Missouri · 1873
- Chicago, Milwaukee & St. Paul Railway Co v. Keokuk Northern Line Packet Co.Illinois Supreme Court · 1883
- Pond v. CookeSupreme Court of Connecticut · 1877
- McAlpin v. JonesSupreme Court of Louisiana · 1855
3Cited by13 opinions
- McDonald v. Pacific States Life InsuranceSupreme Court of Missouri · 1939
- Missouri Cattle Loan Co. v. Great Southern Life InsuranceSupreme Court of Missouri · 1932
- Oakes v. LakeSupreme Court of the United States · 1933
- Clark v. LoppMissouri Court of Appeals · 1899
- Weil v. Bank of Burr OakMissouri Court of Appeals · 1898
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