Legal Opinion
Alley v. Gamelick
Supreme Court of Missouri
Decided February 15, 1874Published
Error to Andrew Circuit Court. I. Plaintiff here makes no claim for the recovery of the specific property, but for deprivation of its use. Sub-division 4 refers to replevin cases. There the recovery of the property in specie is the cause of action, and its detention is the incident.
1Opinion of the CourtVokies, Judge
This action was brought before a justice of the peace, to recover damages, for the wrongful taking and detention of the personal property of the plaintiff. The cause of action was as follows:
“Plaintiff states that the defendant on the 16th day of November, 1871, at the County of Andrew, and State of Missouri, wrongfully, forcibly and unlawfully seized, took into his possession, drove, rode and carried away, and caused the same to be done, one black mare with a blaze face, and one bay mare, each of the value of one hundred dollars ; and one set of double harness of the value of fifteen…
2Cases cited1 opinion
- Ahern v. CarrollSupreme Court of Missouri · 1860