Legal Opinion

Malone v. Hopkins

Missouri Court of Appeals

Decided April 1, 1890PublishedCited by 4 opinions

Appeal from, the Scott Circuit Court. — Hon H. C. O’Bet an, Judge. The statement filed with the justice fixes the value at one hundred and fifty dollars, and that settles the question of jurisdiction. R. S. 1879, sec. 2895; Gottschalk v. Klinger, 33 Mo. App. 410.

1Opinion of the CourtBiggs, J.

The plaintiff instituted this action before a justice of the peace for the recovery of the possession of certain personal property. He alleged in his complaint' that the value of the property sought to be replevined was one hundred dollars. The damages for the taking and detention' were stated to be twenty-five dollars. There was a judgment for the defendant before the justice, and the plaintiff appealed to the circuit court.

The cause coming on for trial in the circuit court, the plaintiff introduced testimony tending to prove his right to the possession of the property, its detention by the…

2Cases cited2 opinions

  1. Gottschalk v. KlingerMissouri Court of Appeals · 1889
  2. Payne v. WeemsMissouri Court of Appeals · 1889

3Cited by4 opinions

  1. Saunders v. ScottMissouri Court of Appeals · 1908
  2. Knoche v. PerryCourt of Appeals of Kansas · 1901
  3. Stephens v. ReberetMissouri Court of Appeals · 1914
  4. Universal Credit Co. v. AxtellMissouri Court of Appeals · 1938

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