Coughlin v. Lyons
Supreme Court of Missouri
Appeal from St. Louis Law Commissioner’s Court. I. This action will not lie under the circumstances. The appellants had never received any part of the said goods into their possession or under their control. They were in the custody of the law, and no part of them had been converted in any shape by the law ; but were, and remained, in the custody of the officer of the law. (Willett v. Willett, 3 Watts, 277; Sergeant v. Strieker, 1 Harr. 464.) cited Floyd y.
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Appeal from St. Louis Law Commissioner’s Court. I. This action will not lie under the circumstances. The appellants had never received any part of the said goods into their possession or under their control. They were in the custody of the law, and no part of them had been converted in any shape by the law ; but were, and remained, in the custody of the officer of the law. (Willett v. Willett, 3 Watts, 277; Sergeant v. Strieker, 1 Harr. 464.) cited Floyd y. Whyley, 1 Mo. 458 ; Johnson v. Strader, 3 Mo. 254; Sparks v. Pur-dy, 11 Mo. 219 ; Hines v. McKinney, 3 Mo. 270 ; Mathew y. Johnson, 9 Mo.…
1Opinion of the CourtHylaND, Judge
This court does not apply the formal technical rules of pleading to suits before justices of the peace ; nor will we regard the nice distinctions separating forms of actions as formerly known to common law courts to the proceedings of justices’ courts. The justice has the right to require of the plaintiff, when the parties appear before him, a brief verbal statement of the nature of his demand. ■ This statement, like the defendant’s de-fence, is not reduced to writing ; the pleadings are not put down formally, but the parties know the matter in dispute, and can have it tried between them.
When…
2Cited by14 opinions
- Iba v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1870
- Meyer v. McCabeSupreme Court of Missouri · 1880
- Seay v. SandersMissouri Court of Appeals · 1901
- Strathmann v. GorlaMissouri Court of Appeals · 1883
- Collins v. BurrusMissouri Court of Appeals · 1896
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