Gentry v. Templeton
Missouri Court of Appeals
Appeal from the Louisiana Court of Common Pleas. Hon. E. M. Hughes, Judge. (1) It was error on the part of the trial court to make the provisions of sections 5180 and 5181 applicable to this case. This was a conditional sale, but not such a one as was contemplated by these sections. (2) There could have been no common-law judgment and award of execution in favor of defendant being a feme covert.
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Appeal from the Louisiana Court of Common Pleas. Hon. E. M. Hughes, Judge. (1) It was error on the part of the trial court to make the provisions of sections 5180 and 5181 applicable to this case. This was a conditional sale, but not such a one as was contemplated by these sections. (2) There could have been no common-law judgment and award of execution in favor of defendant being a feme covert. Whatever right of interest she may have had in the subject-matter of the suit could only have been tried and determined by a suit jointly prosecuted by herself and husband. Britt v. Hears, 41 Mo. App.…
1Opinion of the CourtBiggs, J.
—The plaintiff sued the defendant, who is a married woman, before a justice of the peace for the possession of a piano. He gave bond, and the property was taken from the defendant ,by the constable and delivered to him. He obtained judgment before the justice, and the defendant appealed to the Louisiana court of common pleas, where, on a trial before the court sitting as a jury, the finding was for the defendant. Thereupon the court assessed the value of the property *58at $150, being its full value under the evidence, and rendered a judgment for the return of the property to the defendant, or…
2Cases cited10 opinions
- Dilworth v. McKelvySupreme Court of Missouri · 1860
- Dougherty v. CooperSupreme Court of Missouri · 1883
- Boutell v. WarneSupreme Court of Missouri · 1876
- Baldridge v. DawsonMissouri Court of Appeals · 1890
- Dodd, Brown & Co. v. WilsonMissouri Court of Appeals · 1887
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3Cited by12 opinions
- Weber Implement Co. v. DunardMissouri Court of Appeals · 1914
- Gilbert Book Co. v. SheridanMissouri Court of Appeals · 1905
- Springate ex rel. Nelson Distilling Co. v. Koppelman Furniture Co.Missouri Court of Appeals · 1892
- B-W Acceptance Corp. v. AlexanderSupreme Court of Missouri · 1973
- Carroll v. Shooting the Chutes Co.Missouri Court of Appeals · 1900
7 more not listed; retrieve them via the Exa API.