Hanlon v. O'Keefe
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Hon. Jacob Klein, Judge. (1) The petition did not set forth a cause of action. White v. Van Houten, 51 Mo. 577; Donohoe v. McAleer, 37 Mo. 312; 6 Wait on Actions and Defenses, 169; Revised Statutes, see. 7494, p. 1734. (2) On the evidence the plaintiff ought not to recover. Dwyer v. Beppetoe, 10 S. W. Rep. 668; 1 Thompson on Trials, secs. 818, 819; also authorities cited supra.
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Appeal from the St. Louis City Circuit Court. — Hon. Jacob Klein, Judge. (1) The petition did not set forth a cause of action. White v. Van Houten, 51 Mo. 577; Donohoe v. McAleer, 37 Mo. 312; 6 Wait on Actions and Defenses, 169; Revised Statutes, see. 7494, p. 1734. (2) On the evidence the plaintiff ought not to recover. Dwyer v. Beppetoe, 10 S. W. Rep. 668; 1 Thompson on Trials, secs. 818, 819; also authorities cited supra. The defendant’s instructions. numbered 1 and 2 were properly refused. The instructions given by the court of its own motion correctly declared the law. Revised Statutes,…
1Opinion of the CourtBond, J.
The petition filed in this case is as follows:
“Plaintiff states that, in May, 1888, he was the owner and entitled to the possession of a certain bay mare, and that defendant having fraudulently obtained possession of said mare, wrongfully detained her'in his. possession and refused to surrender the same to plaintiff ; that plaintiff was thereupon compelled to bring, and did bring, an action of replevin before a justice of the peace in the city of St. Louis against said defendant for the recovery of said mare; that defendant, upon the institution of said suit, executed a forthcoming bond in…
2Cases cited3 opinions
- White v. Van HoutenSupreme Court of Missouri · 1873
- Donohoe v. McAleerSupreme Court of Missouri · 1866
- Hanlon v. O'KeeffeMissouri Court of Appeals · 1889
3Cited by3 opinions
- Lewine ex rel. Wolford v. Supreme Lodge, Knights of Pythias of the WorldMissouri Court of Appeals · 1907
- Jackson v. MorganIndiana Supreme Court · 1906
- Koelling v. August Gast Bank Note & Lithographing Co.Missouri Court of Appeals · 1903