Legal Opinion

McClain v. Abshire

Missouri Court of Appeals

Decided November 4, 1895PublishedCited by 8 opinions

Appeal from the Livingston Circuit Court. — Hon. E. J. Bboaddus, Judge. (1) The court erred in refusing to .give instructions numbers 4 and 5, asked by the defendants and refused by the court. The law is plain. Burns v. Bangert, 16 Mo. App. 22; McFerran v. McKinney, 22 Mo. App. 554; Hemelreich v. Carlos, 24 Mo. App; 264; Weil v. Simmons, 66 Mo. 620; McJDavit v. Vial, 11 Atl. Bep. 645; State v. Pitts, 12 S. 0. 180, 32 Am.

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Appeal from the Livingston Circuit Court. — Hon. E. J. Bboaddus, Judge. (1) The court erred in refusing to .give instructions numbers 4 and 5, asked by the defendants and refused by the court. The law is plain. Burns v. Bangert, 16 Mo. App. 22; McFerran v. McKinney, 22 Mo. App. 554; Hemelreich v. Carlos, 24 Mo. App; 264; Weil v. Simmons, 66 Mo. 620; McJDavit v. Vial, 11 Atl. Bep. 645; State v. Pitts, 12 S. 0. 180, 32 Am. Bep. 508 ;• Beeves v. Webster, 71 111. 307; Johnson v. Johnson, 72 111. 489. (2) The court erred in refusing the instruction asked by defendants, known as number 6. Riley v.…

1Opinion of the Court

Smith P. J.

This is an action of replevin begun by the plaintiff, a married woman, against the defendants, to recover the possession of certain personal property. The case, briefly stated, is about this:

The plaintiff’s husband, W. W. McClain, a photographer by occupation, entered into a written lease with defendants for the rent of the second story of a certain brick building, situate in the city of Chillicothe, Missouri, owned by defendant, and by a clause in said lease gave defendants a lien on all the personal property then in said building and. which is claimed by defendants to be the same…

2Cases cited9 opinions

  1. Flato v. MulhallSupreme Court of Missouri · 1880
  2. Sloan v. TorrySupreme Court of Missouri · 1883
  3. Garrett v. WagnerSupreme Court of Missouri · 1894
  4. Riley v. VaughanSupreme Court of Missouri · 1893
  5. Wyeth Hardware & Manufacturing Co. v. H. F. Lang & Co.Missouri Court of Appeals · 1893

4 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. Sidney v. WilsonCalifornia Court of Appeal · 1924
  2. State v. KamudaSupreme Court of Vermont · 1925
  3. Estate of Rogers v. CourierSupreme Court of Missouri · 1968
  4. Howard v. MitchellCourt of Appeals of Kentucky (pre-1976) · 1936
  5. McClain v. AbshireMissouri Court of Appeals · 1897

3 more not listed; retrieve them via the Exa API.

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