Smith v. Kander
Missouri Court of Appeals
Appeal from the Jackson Circuit Court. — Hon. Jno. W. Henry, Judge. (1) Respondent’s contention is that, as the judgment rendered in Wisconsin and sued on in this case is in the alternative, an action in debt can not be maintained on it in this state, that is, he should still have the- right to return the property.
Read the full summary
Appeal from the Jackson Circuit Court. — Hon. Jno. W. Henry, Judge. (1) Respondent’s contention is that, as the judgment rendered in Wisconsin and sued on in this case is in the alternative, an action in debt can not be maintained on it in this state, that is, he should still have the- right to return the property. (2) Unless he returns the property in a reasonable time he can not ■afterwards return it, neither on an execution in the state where the judgment was rendered, nor claim the right on any proceeding had in another state to enforce it. If he do not return nor offer to return the…
1Opinion of the CourtSmith, P. J.
This is a suit on a duly authenticated . copy of a judgment rendered by a court of general jurisdiction within the state of Wisconsin. *64The plaintiff’s petition set forth the judgment, which is as follows: “This action being at issue and having tried on the issues of fact before the Honorable David W. Small, judge of this court, and a jury on the twenty-fourth and twenty-fifth days of February, A. D. 1881, and the verdict of the jury having been entered whereby they find for the plaintiff, and that the plaintiff is the owner of and entitled to the possession of the property described in the…
2Cases cited10 opinions
- Dousman v. Wisconsin & Lake Superior Mining & Smelting Co.Wisconsin Supreme Court · 1876
- Gammon v. AbramsWisconsin Supreme Court · 1881
- Heeron v. BeckwithWisconsin Supreme Court · 1853
- Skeen v. Springfield Engine & Thresher Co.Missouri Court of Appeals · 1889
- Brisbane v. DobsonMissouri Court of Appeals · 1892
5 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- National Surety Co. v. Austin Machinery Corp.Court of Appeals for the Sixth Circuit · 1929
- Hays v. MerkleMissouri Court of Appeals · 1897
- Smith v. KanderMissouri Court of Appeals · 1900