Haworth v. Franklin
Supreme Court of Missouri
Appeal from Moberly Court of Common Pleas. — Hon. Gk EL Burckhartt, Judge. This was an action of replevin for a piano, brought in the Moberly court of common pleas against defendants "Franklin and Williams. A. J. Yiele, the original owner, sold the piano to Mrs. Grillis, taking her note for the purchase money. Mrs. Grillis gave it to her daughter, who sold it' to the plaintiff Haworth. Yiele transferred the note to Joseph Shippen, who sued and obtained a judgment upon it.
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Appeal from Moberly Court of Common Pleas. — Hon. Gk EL Burckhartt, Judge. This was an action of replevin for a piano, brought in the Moberly court of common pleas against defendants "Franklin and Williams. A. J. Yiele, the original owner, sold the piano to Mrs. Grillis, taking her note for the purchase money. Mrs. Grillis gave it to her daughter, who sold it' to the plaintiff Haworth. Yiele transferred the note to Joseph Shippen, who sued and obtained a judgment upon it. Upon this judgment execution was issued and levied upon the piano after the sale to plaintiff. The levy was made by…
1Opinion of the Court
I
Sherwood, C. J.
The piano of plaintiff was not subject to the levy of Joseph Shippen’s execution. The act of March 81st, 1874, does not apply to a case of this kind. It does not go beyond, nor was it intended to go beyond the purchaser. Norris v. Brunswick, 73 Mo. 256.
n.
The Moberly common pleas had jurisdiction, as the property of plaintiff 'was taken in Sugar Creek township where plaintiff resided, and stored'in that township. And this, notwithstanding one of the defendants, Williams, did not live in the township. Section 3 of the act establishing that court settles this. Laws 1875, p. 401.…
2Cases cited1 opinion
- Norris ex rel. Schwartz v. BrunswickSupreme Court of Missouri · 1880
3Cited by2 opinions
- Parker v. RodesSupreme Court of Missouri · 1883
- Straus v. RothanSupreme Court of Missouri · 1890