Lane v. Kingsberry
Supreme Court of Missouri
ERROR to St. Louis Circuit Court. Statement of the Case. This is an action of repleven, brought by the defendant in error against the plaintiff in error in the St. Louis Circuit Court on the 22nd September, 1843, tor two slaves, Mary and Julia. On the same day, the writ was served and the slaves delivered to the plaintiff by the sheriff.
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ERROR to St. Louis Circuit Court. Statement of the Case. This is an action of repleven, brought by the defendant in error against the plaintiff in error in the St. Louis Circuit Court on the 22nd September, 1843, tor two slaves, Mary and Julia. On the same day, the writ was served and the slaves delivered to the plaintiff by the sheriff. The defendant pleaded, in the first instance, the general issue, and afterwards, by leave of court, an-, other plea settingup property in the slaves inhimself. The plaintifffiled his replication traversing this plea of property in defendant. The cause being…
1Opinion of the CourtScott, J.
The first point made by the plaintiff in error is, that there being a regular judgment on the record in his favor, and that not being vacated or set aside, it was irregular to enter another judgment in the same cause. No doubt the better practice would be in all cases where it is practicable, merely to enter the verdict of the jury, and suspend the entry of the judgment until the expiration of the time within which an applica*408tion for a new trial can be made; there would be but few cases in the courts of St. Louis in which this course could not be adopted; but in many counties of the State,…
2Cases cited1 opinion
- Murray v. MurrayOregon Supreme Court · 1876
3Cited by21 opinions
- Potter v. McDowellSupreme Court of Missouri · 1860
- Clark v. ThiasSupreme Court of Missouri · 1903
- Walter v. ScofieldSupreme Court of Missouri · 1902
- State ex rel. Scott v. SmithSupreme Court of Missouri · 1891
- Cramer v. BarmonSupreme Court of Missouri · 1906
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