Mix v. Kepner
Supreme Court of Missouri
Frror to Henry Circuit Court.—Hon. E. P. "Wright, Judge. - The court erred in refusing to grant a change of venue upon plaintiff’s application. It was filed on the first day of the first term at which the cause could he tried, and was refused upon the sole ground that the court was of opinion that it did not make out a prima facie case. The affidavit was sufficient and made out a prima fade case.
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Frror to Henry Circuit Court.—Hon. E. P. "Wright, Judge. - The court erred in refusing to grant a change of venue upon plaintiff’s application. It was filed on the first day of the first term at which the cause could he tried, and was refused upon the sole ground that the court was of opinion that it did not make out a prima facie case. The affidavit was sufficient and made out a prima fade case. Corpenny v. Sedalia, 57 Mo. 88; Frddgh v. State, 8 Mo. 606. The court erred in rendering judgment against plaintiff for attorney’s fees. The measure of damages is the value of the propei'ty, with six…
1Opinion of the Court
Ewing, C.
This was a proceeding before a justice of the peace to recover possession of four hogs of tbe alleged *95value of $30. There was a judgment for defendant for two hogs and costs. Plaintiff appealed to the circuit court, where he filed a petition for change of venue which was overruled by the court. Plaintiff then declined to further proceed with the case, and the defendant waived a jury, submitted the case to the court upon defendant’s evidence, and the court found for the defendant, and entered up judgment as follows: “The court doth find, that the said plaintiff is not the owner of the…
2Cases cited3 opinions
- Chapman v. KerrSupreme Court of Missouri · 1883
- Corpenny v. City of SedaliaSupreme Court of Missouri · 1874
- Pope v. JenkinsSupreme Court of Missouri · 1860
3Cited by21 opinions
- People v. ComptonCalifornia Supreme Court · 1899
- St. Louis, Oak Hill & Carondelet Railway Co. v. FowlerSupreme Court of Missouri · 1893
- Wm. S. Merrill Chemical Co. v. NickellsMissouri Court of Appeals · 1896
- Saunders v. FlippoMissouri Court of Appeals · 1982
- Witascheck v. GlassMissouri Court of Appeals · 1891
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