Kesse v. Wilson
Missouri Court of Appeals
Appeal from the Scott Circuit Court. — Hon. Henry C. Riley, Judge. This is jurisdictional, and may be raised for the first time in this court. It is necessary to show that the property in question in an action of replevin before a justice of the peace, was not seized under any process or attachment against the property of the plaintiff. That is a necessary allegation, and should be proven. R. S. 1899, sec. 3901; Turner v. Bondalier, 31 Mo.
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Appeal from the Scott Circuit Court. — Hon. Henry C. Riley, Judge. This is jurisdictional, and may be raised for the first time in this court. It is necessary to show that the property in question in an action of replevin before a justice of the peace, was not seized under any process or attachment against the property of the plaintiff. That is a necessary allegation, and should be proven. R. S. 1899, sec. 3901; Turner v. Bondalier, 31 Mo. App. 582; Fredrick v. Tiffin, 22 Mo. App. 443; Dowdy v. Womble, 41 Mo. App. 573. The defendant, in order to recover damages, must plead the injury under…
1Opinion of the Court
GOODE, J. —
This is an action of replevin, instituted before a justice of the peace of Kelso township in Scott county. The complaint was duly verified by the affidavit of plaintiff and alleged he was the owner of a cow and calf of the following description: “A large red cow with calf about four months old,” and that the cow, prior to March 12, 1907, was in the possession of G. W. Kesse; that defendant Hallec Wilson is constable of said township and defendant J. D. Randolph, is deputy constable, acting under said Wilson; that on March 12, 1907, said Randolph, as deputy constable, levied on the…
2Cases cited6 opinions
- Bradley v. HollowaySupreme Court of Missouri · 1859
- Dodd v. ThomasSupreme Court of Missouri · 1879
- Palmer v. ShenkelMissouri Court of Appeals · 1892
- State ex rel. Lemon v. RuckerMissouri Court of Appeals · 1885
- Talbot v. MageeMissouri Court of Appeals · 1894
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Span v. Jackson-Walker Coal & Mining Co.Supreme Court of Missouri · 1929
- Hatch v. BaylessMissouri Court of Appeals · 1912
- Hess v. Appleton Manufacturing Co.Missouri Court of Appeals · 1912
- Long v. HickeyMissouri Court of Appeals · 1920