Yoakum v. Davis
Missouri Court of Appeals
Appeal from Lafayette Circuit Court. — Eon. Samuel Davis, Judge. (1) The justice had no jurisdiction. Smith v. Simpson, 80 Mo. 634; Dennis v. Bailey, 104 Mo. App. 638; Harris v. Merdith, 106 Mo. App. 586; Barnes v. Plessner, 121 Mo. App. 677; Grant v. Stubblefield, 138 Mo. App. 555. (2) One joint owner of personal property can not maintain replevin against Ms co-owner.
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Appeal from Lafayette Circuit Court. — Eon. Samuel Davis, Judge. (1) The justice had no jurisdiction. Smith v. Simpson, 80 Mo. 634; Dennis v. Bailey, 104 Mo. App. 638; Harris v. Merdith, 106 Mo. App. 586; Barnes v. Plessner, 121 Mo. App. 677; Grant v. Stubblefield, 138 Mo. App. 555. (2) One joint owner of personal property can not maintain replevin against Ms co-owner. Gray v. Parker, 38 Mo. 160; Cross v. Hulett, 53' Mo. 397; Lisbnby v. Phelps, 71 Mo. 522; Pulliam v. Burlingame, 81 Mo. Ill; Ingals v. Ferguson, 138 Mo. 358; Upham v. Allen, 73 Mo. App. 228; Miller v. Crigler, 83 Mo. App. 406;…
1Opinion of the CourtEllison, J.
Plaintiff’s action is replevin for a lot of fence posts found in Ray county, Missouri, and was begun before a justice of the peace for Knoxville township, Ray county. The judgment in the circuit court, on appeal, was for the plaintiff.
Plaintiff was a resident of the state of Kansas, and defendant of Caldwell county, Missouri. It is therefore evident that if we view the case as an ordinary action begun before a justice of the peace in Ray county, that court had no jurisdiction, since plaintiff, being a non-resident, should have brought his action in the county where the defendant resided.…
2Cases cited11 opinions
- Dubois v. . BeaverNew York Court of Appeals · 1862
- Harndon v. StultzSupreme Court of Iowa · 1904
- Scarborough v. WoodillCalifornia Court of Appeal · 1907
- Ingals v. FergusonSupreme Court of Missouri · 1897
- Dennis v. BaileyMissouri Court of Appeals · 1904
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3Cited by9 opinions
- Tamko Asphalt Products, Inc. v. FenixMissouri Court of Appeals · 1959
- Rogers v. DavisMissouri Court of Appeals · 1916
- Henderson v. Shell Oil Co.Court of Appeals for the Eighth Circuit · 1949
- Houston Oil Co. of Texas v. DavisCourt of Appeals of Texas · 1913
- Doebbeling v. QuimbyMissouri Court of Appeals · 1927
4 more not listed; retrieve them via the Exa API.