Nance v. Metcalf
Missouri Court of Appeals
Appeal from Barton Circuit Court. — Hon. Charles Gr. Burton, Judge. Statement of case by the court. This action was begun in a justice’s court and tried on appeal in the circuit court, where plaintiff again had judgment, from which defendant prosecutes this appeal.
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Appeal from Barton Circuit Court. — Hon. Charles Gr. Burton, Judge. Statement of case by the court. This action was begun in a justice’s court and tried on appeal in the circuit court, where plaintiff again had judgment, from which defendant prosecutes this appeal. The complaint filed with the justice alleged that the defendant was indebted to plaintiff in the sum of twenty-five dollars, on account of a two-year old steer taken and converted to his use by defendant, which steer was the property of plaintiff. At the trial the plaintiff ’ s evidence tended to show about the following state of…
1Opinion of the CourtPhilips, P. J.
I. The first contention of appellant-is, that the plaintiff sued on one cause of action and recovered on another, or that the proofs do not support the allegations of the complaint. There is certainly no difficulty as to the intendment or construction of the complaint. It contains but two material averments: First, that the plaintiff was the owner of the steer in con*188troversy; and, second, that the defendant converted him to his own nse.
The first question then to be determined is, does the proof tend to show that the plaintiff, at the time of the alleged conversion, was the owner of the…
2Cases cited6 opinions
- Walker v. OwenSupreme Court of Missouri · 1883
- Spencer v. VanceSupreme Court of Missouri · 1874
- Whetstone v. ShawSupreme Court of Missouri · 1879
- Ridgley v. StillwellSupreme Court of Missouri · 1859
- Wilson v. WilsonCourt of Appeals of Maryland · 1872
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Greer v. Lafayette County BankSupreme Court of Missouri · 1895
- Glass v. Blazer Bros.Missouri Court of Appeals · 1902
- Harrison v. MurphyMissouri Court of Appeals · 1904
- Helling v. United Order of HonorMissouri Court of Appeals · 1888
- T. J. Moss Tie Co. v. KreilichMissouri Court of Appeals · 1899
5 more not listed; retrieve them via the Exa API.