Robbins v. Foster
Missouri Court of Appeals
Appeal from Johnson Circuit Court, Hon. NoahM. Gíivan, Judge. The case is stated in the opinion of the court. I. Where the property has been delivered to plaintiff in an action of replevin before a justice, and the cause is tried by a jury whose verdict is for defendant, with no finding as to the right of property or the value, and no damages are assessed, no action can be maintained against the sureties on the bond.
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Appeal from Johnson Circuit Court, Hon. NoahM. Gíivan, Judge. The case is stated in the opinion of the court. I. Where the property has been delivered to plaintiff in an action of replevin before a justice, and the cause is tried by a jury whose verdict is for defendant, with no finding as to the right of property or the value, and no damages are assessed, no action can be maintained against the sureties on the bond. (1) These matters are not open to inquiry in an action on the bond. White v. YanHouton, 51 Mo. 577. (2) The action is a special statutory proceeding, and the course pointed out…
1Opinion of the CourtPhilips, P. J.
This is an action on a replevin bond. The appellant, Foster, instituted an action in replevinagainst the respondent, Robbins, in a justice’s court, for the recovery of one horse. Under the writ and delivery bond executed by said Foster, the constable took possession of the horse and turned him over to Foster. On a trial of the issues therein, before a jury, the jury returned the following verdict: £!We, the jury, find the issues for the defendant.”
On this verdict the justice entered up judgment that the defendant, Robbins, recover possession of the horse, and for the restitution of the same…
2Cases cited4 opinions
- Sweeney v. LommeSupreme Court of the United States · 1874
- State ex rel. Johnson v. DunnSupreme Court of Missouri · 1875
- State ex rel. Colvin v. SixSupreme Court of Missouri · 1883
- Nelson ex rel. Haenschen v. LuchtemeyerSupreme Court of Missouri · 1871
3Cited by4 opinions
- State Rel. Stevenson v. American SuretyMissouri Court of Appeals · 1934
- Carroll v. HancockMissouri Court of Appeals · 1894
- Clinton v. StovallMissouri Court of Appeals · 1891
- Meyer v. SingletaryMissouri Court of Appeals · 1898