Knoche v. Perry
Court of Appeals of Kansas
Appeal from Jackson Circuit Court. — Hon. Ed. L. Scarritt, Judge. (1) There is nothing to show that plaintiffs are the executors of the estate of John P. Knoche. Plaintiffs allege that they are such executors, and that they are entitled to the property “as such executors.” (2) There is nothing to show that the property had not been seized under any process, execution or attachment against the 'property of plaintiffs, or the estate of John H. Knoche.
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Appeal from Jackson Circuit Court. — Hon. Ed. L. Scarritt, Judge. (1) There is nothing to show that plaintiffs are the executors of the estate of John P. Knoche. Plaintiffs allege that they are such executors, and that they are entitled to the property “as such executors.” (2) There is nothing to show that the property had not been seized under any process, execution or attachment against the 'property of plaintiffs, or the estate of John H. Knoche. Madkins v. Trice, 65 Mo. 656. (3) The plaintiffs failed to show that as against defendant they were entitled to the possession of the property,…
1Opinion of the CourtEllison, J.
This is an action of replevin, for a lot of personal-property, begun before a justice of the peace. Plaintiff prevailed in the trial court.
After evidence for the plaintiff was introduced defendant offered to show that the property was of greater value than the jurisdiction of the justice. The offer was rejected. Defendant then demurred to the evidence which was overruled. There are several objections to the judgment earnestly urged by defendant. They are all extremely technical and are also, we think, without legal merit. Plaintiff’s claim to the property is based on a chattel mortgage from…
2Cases cited9 opinions
- Standiford v. StandifordSupreme Court of Missouri · 1888
- Burke v. AdamsSupreme Court of Missouri · 1883
- Hall v. HallSupreme Court of Missouri · 1891
- Cravens v. RossiterSupreme Court of Missouri · 1893
- Kuh v. GarvinSupreme Court of Missouri · 1894
4 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Rufkahr Construction Co. v. WeberMissouri Court of Appeals · 1983
- Saunders v. ScottMissouri Court of Appeals · 1908
- Stephens v. CurtnerMissouri Court of Appeals · 1920
- Stephens v. ReberetMissouri Court of Appeals · 1914
- Universal Credit Co. v. AxtellMissouri Court of Appeals · 1938
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