Gulath v. Waldstein
Missouri Court of Appeals
Appeal from St. Louis Circuit Court. It must appear that the defendant was in possession of the property at the time the action was commenced. — Davis v. Randolph, 3 Mo. App. 454; Wallace v. Brown, 17 Ark. 449; Hichey v. Hinsdale, 12 Mich. 99. A judgment for the value absolutely, or for the damages without assessment of the value, is not merely irregular, but is erroneous.— Wag. Stats. 1026, sect. 14; Phillips v. Milville, 17 N. Y. Sup.
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Appeal from St. Louis Circuit Court. It must appear that the defendant was in possession of the property at the time the action was commenced. — Davis v. Randolph, 3 Mo. App. 454; Wallace v. Brown, 17 Ark. 449; Hichey v. Hinsdale, 12 Mich. 99. A judgment for the value absolutely, or for the damages without assessment of the value, is not merely irregular, but is erroneous.— Wag. Stats. 1026, sect. 14; Phillips v. Milville, 17 N. Y. Sup. Ct. 212; Bodine v. Swisher, 86 111. 536 ; McNamara v. Bisenlaff, 14 Abb. Pr. (n. s.) 25 ; The State v. Dunn, 60 Mo. 64; Alley v. Oamelich, 55 Mo. 518.
1Opinion of the CourtHayden, J.
This petition, which is in the ordinary form of a statutory petition for the claim and delivery of personal property, asks judgment for the recovery of a frame shed, certain tools, etc. No affidavit was filed, order of delivery obtained, or bond given, and no property was taken in the case. A general denial was filed, and upon the hearing it appeared that one Kirch, to whom the defendant had leased a lot, erected the shed, and gave a note securing the latter by deed of trust upon the shed and tools. Kirch gave up possession of the property; but whether the defendant had it when the plaintiff,…
2Cases cited3 opinions
- Eads v. StephensSupreme Court of Missouri · 1876
- Ingalls v. BulkleyIllinois Supreme Court · 1851
- Bower v. TallmanSupreme Court of Pennsylvania · 1843
3Cited by4 opinions
- White v. McFarlandMissouri Court of Appeals · 1910
- Penn v. BrashearMissouri Court of Appeals · 1896
- Clark v. SubletteMissouri Court of Appeals · 1906
- Morris v. WilliamsMissouri Court of Appeals · 1908