Walker v. Robertson
Missouri Court of Appeals
-Appeal from Worth Circuit Court. — Ho». Gallatin Craig, Judge. (1) The court erred in giving instruction 1 on the part of the defendant, submitting to the jury the question of ownership of the property in controversy when it is admitted by the record that plaintiff was and is the ■owner of same. State ex rel. v. Henderson, 86 Mo. App. •482; Marr v. Bunker, 92 Mo. App. 661; R. S. 1899, sec. 1575; Goldsmith v. Taussig, 60 Mo. App. 463; Cole v. Railroad, 21 Mo.
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-Appeal from Worth Circuit Court. — Ho». Gallatin Craig, Judge. (1) The court erred in giving instruction 1 on the part of the defendant, submitting to the jury the question of ownership of the property in controversy when it is admitted by the record that plaintiff was and is the ■owner of same. State ex rel. v. Henderson, 86 Mo. App. •482; Marr v. Bunker, 92 Mo. App. 661; R. S. 1899, sec. 1575; Goldsmith v. Taussig, 60 Mo. App. 463; Cole v. Railroad, 21 Mo. App. 443. (2) The jury arbitrarily found for the defendant against the law and the evidence. Hartt v. Leavenworth., 11 Mo. 630; Moore…
1Opinion of the CourtSmith, P. J.
This is a replevin suit brought before a justice of the peace by plaintiff against defendant to recover the possession of a bull. In the circuit-court the verdict of the jury was to the effect that, “we the jury find for defendant.” The judgment was, ■“that plaintiff take nothing by his suit and defendant go hence without day and have and recover of plaintiff his costs in this behalf laid out and expended.” Prom this judgment the plaihtiff appealed here, where he complains that the court erred in giving the defendant’s instruction number one which told the jury that it devolved upon plaintiff…
2Cases cited2 opinions
- Stroud v. MortonMissouri Court of Appeals · 1897
- Jones v. HabbermanMissouri Court of Appeals · 1902
3Cited by2 opinions
- M'cLean v. BerkabileMissouri Court of Appeals · 1907
- McCloskey v. United Railways Co.Missouri Court of Appeals · 1912