Steffen v. Long
Missouri Court of Appeals
Appeal from Lincoln Circuit Court. — Hon. James D. Barnett, Judge. (1) Replevin will lie for the recovery of records, documents, notes, checks and writings in general of value when unlawfully detained. 34 Cyc., p. 1358. (2) A county warrant is both a judicial ascertainment and a written acknowledgment of indebtedness by the county and to all intents a promissory note of the county.
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Appeal from Lincoln Circuit Court. — Hon. James D. Barnett, Judge. (1) Replevin will lie for the recovery of records, documents, notes, checks and writings in general of value when unlawfully detained. 34 Cyc., p. 1358. (2) A county warrant is both a judicial ascertainment and a written acknowledgment of indebtedness by the county and to all intents a promissory note of the county. Bank v. Franklin Co., 65 Mo. 112. (3) Defendant by his answer pleads that he is county clerk and that the court ordered the clerk to hold the warrant, No. 350, and does not plead property in himself nor in a…
1Opinion of the CourtCaulfield, J.
(after stating the facts). — The circuit court did not err in giving the demurrer to the evidence. The defendant’s general denial was sufficient to put the plaintiff to proof of title or right of possession. [Pulliam v. Burlingame, 81 Mo. 111.] And he must have proven such title or right of possession for a certain specific warrant. It was not sufficient that he show generally that he was entitled to have a warrant issued to him. [Cobbey on Replevin (2 Ed.), sec. 73.] Plaintiff failed to make the necessary proof’ A warrant is, in legal effect, a promissory note. [International Bank of St.…
2Cases cited4 opinions
- International Bank v. Franklin CountySupreme Court of Missouri · 1877
- Pulliam v. BurlingameSupreme Court of Missouri · 1883
- Wilson v. Knox CountySupreme Court of Missouri · 1896
- Isenhour v. Barton CountySupreme Court of Missouri · 1905
3Cited by3 opinions
- State to Use of Nee v. GorsuchSupreme Court of Missouri · 1924
- Beckett v. McCaslinMississippi Supreme Court · 1931
- Central Hardware Co. v. Abney's Towing Co.Missouri Court of Appeals · 1989