Mackler v. Schuster
Missouri Court of Appeals
Appeal from the Cooper Circuit Court. — Hon. H. A. Hutchison, Special Judge. (1) Appellant was not a “wrongdoer” in restraining respondent’s hog from running at large on his premises. He had three days after restraining said hog in which to give notice to the owner thereof. See. 354, R. S. 1889. A party may steal an animal before it is posted. State v. Casteel, 53 Mo. 124. (2) The respondent had no complete right to the possession of the hog.
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Appeal from the Cooper Circuit Court. — Hon. H. A. Hutchison, Special Judge. (1) Appellant was not a “wrongdoer” in restraining respondent’s hog from running at large on his premises. He had three days after restraining said hog in which to give notice to the owner thereof. See. 354, R. S. 1889. A party may steal an animal before it is posted. State v. Casteel, 53 Mo. 124. (2) The respondent had no complete right to the possession of the hog. Appellant had a right to hold it till his damages were paid, and that gave him the right to restrain it. Respondent must, at the time of the conversion,…
1Opinion of the CourtEllison, J.
This is an action for conversion of a hog alleged to be the property of plaintiff. The cause originated before a justice of the peace. On appeal to the circuit court, plaintiff obtained judgment.
The cause may be best stated and explained by inserting here the bill of exceptions:
Facts “Plaintiff gave evidence tending to show.the following state of facts, viz: That on the - day of November, 1893, he was the owner of one black boar hog; that about said date said hog escaped from plaintiff’s premises, and defendant converted said hog to his own use; that said hog came through the fence into…
2Cases cited1 opinion
- Storms v. WhiteMissouri Court of Appeals · 1886
3Cited by2 opinions
- Moore v. HensleyMissouri Court of Appeals · 1915
- Kelley v. St. Louis, Iron Mountain & Southern Railway Co.Missouri Court of Appeals · 1914