Elliott v. Black
Supreme Court of Missouri
Appeal from Fourth District Court. I. The court having failed to assess the damages when the suit in replevin was dismissed, or to render judgment for the return of the property, the defendant in that action and the plaintiff in this was entitled to judgment on the bond for all damages sustained. (Berghoff v. Heckwolf, 26 Mo. 511; Reed v. Wilson. 13 Mo. 28; Smith v. Winston, 10 Mo. 299.) II.
Read the full summary
Appeal from Fourth District Court. I. The court having failed to assess the damages when the suit in replevin was dismissed, or to render judgment for the return of the property, the defendant in that action and the plaintiff in this was entitled to judgment on the bond for all damages sustained. (Berghoff v. Heckwolf, 26 Mo. 511; Reed v. Wilson. 13 Mo. 28; Smith v. Winston, 10 Mo. 299.) II. There is nothing on the face of the petition which shows that the justice did not have jurisdiction of the cause. It was a question of proof as to whether the frame building was real or personal property.
1Opinion of the CourtCurrier, Judge
This is a suit on a return bond executed by the defendants in a replevin suit then pending before a justice of the peace. That suit was taken by appeal to the Circuit Court, and there dismissed; whereupon the defendant therein (the plaintiff here) instituted the present proceedings upon the replevin bond. At the trial of the present suit in the Circuit Court, the plaintiff offered to read in evidence the bond sued on. It was objected'to by the defendants, and excluded by the court, on the ground that the justice before whom the replevin suit was brought, and in which the bond was given, had…
2Cases cited2 opinions
- Berghoff v. HeckwolfSupreme Court of Missouri · 1858
- Hansard v. ReedSupreme Court of Missouri · 1860
3Cited by4 opinions
- Morrison v. YanceyMissouri Court of Appeals · 1886
- Mead v. West Pub. Co.U.S. Circuit Court for the District of Minnesota · 1896
- Hoebel v. Utah-Idaho Livestock Loan Co.Idaho Supreme Court · 1924
- Peffley v. KenrickIndiana Court of Appeals · 1892