McVey v. Barker
Missouri Court of Appeals
Appeal from Audrain Circuit Court. — Hon. Elliott M. Hughes, Judge. (1) The defendant Barker, and the eitv of Laddonia, having been sued jointly and a separate and final judgment having been rendered in favor of the city, it was not in the power of the court to render another final judgment in the same cáse. R. S. 1899, sec. 282; Sater v. Hunt, 75 Mo. App. 470; Beshears v. Vandalia Banking Ass’n, 73 Mo. App. 293; Henry v. Gibson, 5S Mo. 570; Holbom v. Naughton, 60 Mo.
Read the full summary
Appeal from Audrain Circuit Court. — Hon. Elliott M. Hughes, Judge. (1) The defendant Barker, and the eitv of Laddonia, having been sued jointly and a separate and final judgment having been rendered in favor of the city, it was not in the power of the court to render another final judgment in the same cáse. R. S. 1899, sec. 282; Sater v. Hunt, 75 Mo. App. 470; Beshears v. Vandalia Banking Ass’n, 73 Mo. App. 293; Henry v. Gibson, 5S Mo. 570; Holbom v. Naughton, 60 Mo. App. 103. (2) The husband of the plaintiff was an incompetent witness. There was a failure to prove an s agency of such a…
1Opinion of the CourtBarclay, J.
This is a statutory action in the nature of replevin. Plaintiff, a married woman, in her petition claims four horses (each described particularly) of the total value of $275, and charges that defendant wrongfully and maliciously took the animals from her possession, November 20, 1899, and unlawfully detained them, to her damage in the *502sum of $500. Then follow the usual allegations under the statute on the subject (R. S. 1899, sec. 7479) and a prayer for the return of the property (or its value) and damages.
Originally the defendants were the city of Laddonia and Mr. Barker, the city marshal…
2Cases cited9 opinions
- State v. TaylorSupreme Court of Missouri · 1893
- Maxwell v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1884
- Spitler v. YoungSupreme Court of Missouri · 1876
- City of Paris v. HaleCourt of Appeals of Texas · 1896
- Farber v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1897
4 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Mettetal v. HallMichigan Supreme Court · 1939
- Evans v. HolmanSupreme Court of Missouri · 1907
- Moss v. Bonne Terre Farming & Cattle Co.Missouri Court of Appeals · 1928
- Wilkinson v. Western Union Telegraph Co.Missouri Court of Appeals · 1912
- Evans v. HolmanMissouri Court of Appeals · 1904
3 more not listed; retrieve them via the Exa API.