Fallon v. Manning
Supreme Court of Missouri
Error to St. Louis Circuit Court. There could be no trial of such issues in this case; the failure of the plaintiff to appear was a failure to prosecute his suit, and in such case the court is only authorized to assess the value of the property taken (or, in this case, the de-. fendant’s spfecial interest therein) and damages for the detention thereof.
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Error to St. Louis Circuit Court. There could be no trial of such issues in this case; the failure of the plaintiff to appear was a failure to prosecute his suit, and in such case the court is only authorized to assess the value of the property taken (or, in this case, the de-. fendant’s spfecial interest therein) and damages for the detention thereof. (R. C. 1855, p. 1245, § 11; Dilworth v. McKelvy, 80 Mo. 149.) But, assuming there was a trial of such issues and a determination thereof, there was ho necessity of any motion in the court below to set aside the judgment, or for a new trial, or…
1Opinion of the Court
ÜRTDEN, Judge,
delivered the opinion of the court.
This was a suit by Fallon against Manning,'under the 7th art. of our Practice Act, to recover possession of a lot of brick and sand claimed-by the plaintiff. The property was taken .from the defendant and delivered to the plaintiff on the usual order. The petition was in the ordinary form, averring the plaintiff’s ownership and right of possession, and the defendant’s possession an unlawful detention of the property in dispute. The answer put in issue the material allegations of the petition ; and also alleged, that, at the time of the…
2Cases cited1 opinion
- Dilworth v. McKelvySupreme Court of Missouri · 1860
3Cited by9 opinions
- Young v. GlascockSupreme Court of Missouri · 1883
- Chamberlain v. WestSupreme Court of Minnesota · 1887
- Broadwell v. ParadiceIllinois Supreme Court · 1876
- Enfield v. StewartNew Mexico Supreme Court · 1918
- Frei v. VogelSupreme Court of Missouri · 1867
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