Canifax v. Chapman
Supreme Court of Missouri
Appeal from the Circuit Court of Green County. The court erred in giving the instruction: 1st. Because the plaintiff had proved himself the owner of the property; that Wills took, and by the ''command of Chapman, sold it. Chapman commanded the trespass to be done, and therefore is liable, whether he bought the property or not. I Ch. PI. 181. 2d. The trial of the right of property the two last times was illegal. A verdict between the parties is conclusive as to that matter.
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Appeal from the Circuit Court of Green County. The court erred in giving the instruction: 1st. Because the plaintiff had proved himself the owner of the property; that Wills took, and by the ''command of Chapman, sold it. Chapman commanded the trespass to be done, and therefore is liable, whether he bought the property or not. I Ch. PI. 181. 2d. The trial of the right of property the two last times was illegal. A verdict between the parties is conclusive as to that matter. Phil. Ev. 123; ibid 236; Pelter v. Milliner, 2d J. R. 181. In the case cited from Johnston, there was a verdict for…
1Opinion of the Court
Opinion of the Court by
Scott, Judge.
Canifax sued Chapman and Wills in trespass for taking and converting his goods, plea not guilty, and verdict and judgment for the defendants. Wills was constable and had an execution against one Smith, in favor of Chapman, who directed him to levy on the goods in the declaration mentioned. Upon a claim being interposed by Canifax to the goods, the constable summoned a jury to try the right of property to ^le §00c^s between Smith and Canifax, and the jury found the goods to be the property of Canifax. The right of pro-to the goods was again tried, and a like…
2Cited by11 opinions
- Curlee v. DonaldsonMissouri Court of Appeals · 1950
- Talich v. MarvelNebraska Supreme Court · 1927
- Holliday v. JacksonMissouri Court of Appeals · 1886
- Meade v. Chicago, Rock Island & Pacific Railway Co.Missouri Court of Appeals · 1896
- Leeser v. BoekhoffMissouri Court of Appeals · 1888
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