Cottrell v. Russell
Missouri Court of Appeals
Error to Johnson Circuit Court, Hon. Noah M. (vivan, Judge. Statement of case by the court. The defendant, Russell, under various writs of attachment issued at the instance of his co-defendants, in suits against the present plaintiff, David H. Cottrell, ¡and one Rand, as sheriff, levied on and seized certain property, which was the separate property of this plaintiff, Bessie M. Cottrell, the wife of David H. Cottrell.
Read the full summary
Error to Johnson Circuit Court, Hon. Noah M. (vivan, Judge. Statement of case by the court. The defendant, Russell, under various writs of attachment issued at the instance of his co-defendants, in suits against the present plaintiff, David H. Cottrell, ¡and one Rand, as sheriff, levied on and seized certain property, which was the separate property of this plaintiff, Bessie M. Cottrell, the wife of David H. Cottrell. Bessie M. Cottrell made no claim, to Russell, to the ■property until after the levy. The property was, at the time of the levy, located in a hotel, known as the Jacob’s hotel,…
1Opinion of the CourtHall, J.
— The question in this case is, can the plaintiff, in a trespass suit, in the absence of all aggravation and malice in connection with the trespass, recover attorney’s fees and other costs, not taxable by law, ex*4pended in the recovery of the property as to which the trespass was committed?
In an action of trespass to personal property, the damages are limited to compensation in the absence of aggravations for which punitory damages are allowable. 3 Sutherland on Damages, 496, et seq.; Sewdwick on Measure of Damages (7 Ed.) 181, et seq. “Noallowance can be made for the exj>enses of the…
2Cases cited1 opinion
- Mix v. KepnerSupreme Court of Missouri · 1883
3Cited by7 opinions
- Gibson v. ShullSupreme Court of Missouri · 1913
- Showen v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1912
- Robinson v. Moark-Nemo Consolidated Mining Co.Missouri Court of Appeals · 1914
- Knight v. RawlingsSupreme Court of Missouri · 1907
- Witascheck v. GlassMissouri Court of Appeals · 1891
2 more not listed; retrieve them via the Exa API.