Citizens State Bank of Nevada v. Wales

STONE, Judge.

On June 18, 1968, plaintiff Citizens State Bank of Nevada, Missouri, instituted this replevin suit against defendant Charles Wales in the Circuit Court of Vernon County. Many months and many pleadings later, the Circuit Court of Cedar County (to which the cause had been transferred on change of venue) on July 25, 1970, sustained plaintiff’s motion for summary judgment under Rule 74.04 1 and entered such judgment for plaintiff on its amended petition and on defendant’s second amended counterclaim. Defendant appeals.

In its original petition in replevin, plaintiff alleged that “it…