McMillen v. Elder
Missouri Court of Appeals
Appeal from Louisiana Common Pleas Court. — Hon. David H. Ely, Judge. The evidence not being incorporated in the record brought to this court, the presumption is that the trial court.properly refused the instructions complained of. Aultmann & Taylor Co. v. Smith,-52 Mo. App. 351; Hat-tan v. Mining Co., 40 Mo. App. 448; Bank v. Davidson, 40 Mo. App. 421; Calvert v. Bates, 44 Mo. App. 626; Hughs & Dill v. Yanstone, 24 Mo. App. 637; Guinn v. Boas 31 Mo.
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Appeal from Louisiana Common Pleas Court. — Hon. David H. Ely, Judge. The evidence not being incorporated in the record brought to this court, the presumption is that the trial court.properly refused the instructions complained of. Aultmann & Taylor Co. v. Smith,-52 Mo. App. 351; Hat-tan v. Mining Co., 40 Mo. App. 448; Bank v. Davidson, 40 Mo. App. 421; Calvert v. Bates, 44 Mo. App. 626; Hughs & Dill v. Yanstone, 24 Mo. App. 637; Guinn v. Boas 31 Mo. App. 131; Messick v. Fairburn 54 Mo. App. 29.
1Opinion of the CourtNortoni, J.
This is a suit in replevin for the possession of a hog. Plaintiff recovered and defendant prosecutes the appeal.
Because of the meagre abstract of the evidence, we are unable to ascertain the precise facts,, but infer from what appears that plaintiff and defendant are farmers who own and occupy adjoining farms in Pike county. There- is no direct evidence of this fact in the record but enough appears to suggest a reasonable inference to that effect. The case concedes that plaintiff owned the hog in controversy and that it was wrongfully detained by defendant in Pike county at the time of the…
2Cases cited2 opinions
- Reed v. Peck, Guitar & WatsonSupreme Court of Missouri · 1901
- Furstenfeld v. FurstenfeldMissouri Court of Appeals · 1910
3Cited by1 opinion
- Jones v. Hawkeye Commercial Men's Ass'nSupreme Court of Iowa · 1918