Blount v. Hamey
Missouri Court of Appeals
Appeal from the Buchanan Circuit Cowrt. — Hon. Ü. M. Spencer, Judge. (1) The court erred in refusing to' give the instruction in the nature of a demurrer to the evidence asked for at the close of respondent’s case, and instruction, numbered 1, asked at the -close of the testimony-on behalf of the appellant.
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Appeal from the Buchanan Circuit Cowrt. — Hon. Ü. M. Spencer, Judge. (1) The court erred in refusing to' give the instruction in the nature of a demurrer to the evidence asked for at the close of respondent’s case, and instruction, numbered 1, asked at the -close of the testimony-on behalf of the appellant. R. ,S. 1879, secs. 2500, 2501 (same sections, 5173 and 5174, R. -S. 18§9); Cook v. Clippard, 12 Mo. 379; Lay son r>. Rogers, 24 Mo. 192. Admitting that the evidence shows such a possfession of the mules in respondent by her agent as the law requires, between the death of Henry P. Blount…
1Opinion of the CourtSmith, P. J.
This was an action of replevin to recover the possession of a span of mules. The evidence adduced at the trial tended most- strongly to show that plaintiff was the- owner of two young and unbroken mules ; that Henry Blount, a son of plaintiff, took the mules to break and use .until the plaintiff should want them; that Henry took the mules to his own place, and then broke and used .them for five or six years and until his death in 1888 ; that several witnesses testified to statements made by Henry to each of them at various times and up to within a few months preceding his death to the effect…
2Cases cited4 opinions
- Hensley v. BakerSupreme Court of Missouri · 1846
- Criddle's Administrator v. CriddleSupreme Court of Missouri · 1855
- Smoot v. WathenSupreme Court of Missouri · 1844
- Layson v. RogersSupreme Court of Missouri · 1857
3Cited by4 opinions
- Suits v. Electric Park Amusement Co.Missouri Court of Appeals · 1923
- Howard v. TwibellIndiana Supreme Court · 1913
- Diel v. StegnerMissouri Court of Appeals · 1894
- Hope v. CostelloMissouri Court of Appeals · 1927