Barnes v. Plessner
Missouri Court of Appeals
Appeal from Scotland Circuit Court. — Son. Chas. D. Btevyart, Judge. Barnes cannot maintaini this suit against Otto Plessner, the defendant, because at the time the suit was instituted Mrs. Plessner was in possession. In order to maintain a replevin suit against a defendant lie must at the time the snit was instituted he in possession. Davis v. Randolph, 3 Mo. App. 454; Haeger v. Marcus, 5 Mo. App. 565; G-ulatha v. Walsten, 7 Mo.
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Appeal from Scotland Circuit Court. — Son. Chas. D. Btevyart, Judge. Barnes cannot maintaini this suit against Otto Plessner, the defendant, because at the time the suit was instituted Mrs. Plessner was in possession. In order to maintain a replevin suit against a defendant lie must at the time the snit was instituted he in possession. Davis v. Randolph, 3 Mo. App. 454; Haeger v. Marcus, 5 Mo. App. 565; G-ulatha v. Walsten, 7 Mo. App. 66; Penn v. Brasher, 56 Mr. App. 24; Myers v. Lingenfelter, 81 Mo. App. 257; Rogers v. Davis, 21 Mo. App. 151; Feder v. Abrahams, 28 Mo. App. 454; Clark v.…
1Opinion of the CourtGoode, J.
— This is an action of replevin instituted before a justice of the peace to recover possession of certain household furniture. The case proceeded on appeal to the circuit court and was there tried anew. The furniture in controversy had been purchased by plaintiff for George McClaskey. Plaintiff was conducting a blacksmith shop in the town of Coatesville and McClaskey hired to him, boarding for a while in the town, but afterwards inducing Barnes to purchase this furniture so McClaskey could bring his wife and child to him and go to housekeeping. The house rented by McClaskey belonged to Mrs.…
2Cases cited4 opinions
- Mercer v. JamesNebraska Supreme Court · 1877
- Barnes v. PlessnerMissouri Court of Appeals · 1906
- Smith v. SmithOregon Supreme Court · 1889
- State ex rel. Metcalf v. GareschéMissouri Court of Appeals · 1877
3Cited by7 opinions
- Sutton v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1911
- Rogers v. DavisMissouri Court of Appeals · 1916
- Barnes v. PlessnerMissouri Court of Appeals · 1912
- Kerman v. LeeperMissouri Court of Appeals · 1913
- Emory v. ArnoldMissouri Court of Appeals · 1914
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