Bradley v. Campbell
Missouri Court of Appeals
Appeal from Pemiscot Circuit Court. — No». Henry C. Riley, Judge. The court erred in sustaining respondents’ motion for a new trial and in not sustaining appellant’s motion to set aside the order of the court in sustaining said motion for a new trial, because appellant was entitled to damages for all that portion of the personal property which had been destroyed by fire prior to the trial and was entitled to a judgment for the value of that portion of said property which was…
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Appeal from Pemiscot Circuit Court. — No». Henry C. Riley, Judge. The court erred in sustaining respondents’ motion for a new trial and in not sustaining appellant’s motion to set aside the order of the court in sustaining said motion for a new trial, because appellant was entitled to damages for all that portion of the personal property which had been destroyed by fire prior to the trial and was entitled to a judgment for the value of that portion of said property which was in esse at the time of the trial. R. S. 1899, sec. 4476; Dillard v. McClure, 64 Mo. App. 488. This finding of the court…
1Opinion of the CourtBland, P. J.
This action is replevin, brought against defendant Mary Campbell, for the recovery of specific persona] property, consisting of household and kitchen furniture alleged to be of the value of $400. Plaintiffs executed the ordinary replevin bond and on service of the writ on defendant Mary Campbell, she executed a statutory delivery bond and retained possession of the property. At the close of plaintiffs’ evi*80deuce and after Mary Campbell had testified in her own behalf, on her motion, her husband, C. Campbell was made a party defendant. The evidence shows that after she had executed her delivery…
2Cases cited7 opinions
- Pope v. JenkinsSupreme Court of Missouri · 1860
- Dillard v. McClureMissouri Court of Appeals · 1896
- George v. HewlettMississippi Supreme Court · 1892
- Heard v. HicksSupreme Court of Alabama · 1893
- Jennings v. SparkmanMissouri Court of Appeals · 1892
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