Legal Opinion

Barnes v. Plessner

Missouri Court of Appeals

Decided November 19, 1906PublishedCited by 6 opinions

Appeal from Schuyler Circuit Court. — Hon. Nat. M. Shelton, Judge. (1) The court erred in refusing to give defendant’s instruction numbered 7, which was in the nature of a demurrer to the evidence for the reason that the evidence showed that at the beginning of the suit and prior thereto the defendant was not in possession of the goods, but that Mrs. Plessuer was in possession of the goods. Davis v. Randolph, 3 Mo. App. 454; Haeger v. Marcus, 5 Mo.

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Appeal from Schuyler Circuit Court. — Hon. Nat. M. Shelton, Judge. (1) The court erred in refusing to give defendant’s instruction numbered 7, which was in the nature of a demurrer to the evidence for the reason that the evidence showed that at the beginning of the suit and prior thereto the defendant was not in possession of the goods, but that Mrs. Plessuer was in possession of the goods. Davis v. Randolph, 3 Mo. App. 454; Haeger v. Marcus, 5 Mo. App. 565; Gulatha v. Waldsten, 7 Mo. App. 66; Penn v. Brasher, 56 Mo. App. 24; Myers v. Lingenfelter, 81 Mo. App. 257; Rogers v. Davis, 21 Mo.…

1Opinion of the CourtBroaddus, J.

This is an action in replevin begun before a justice of the peace for Liberty township, Schuyler county, for the possession of certain household furniture. The action was begun on the 18th day of August, 1904, and was tried on November 29th. The plaintiff recovered judgment and defendant appealed. The case was tried anew in the circuit court on the 17th day of November following and the plaintiff again recovered and defendant again appealed. The property consisted of the following articles, viz.: one bedstead, one dresser, one stand table, one set of bed springs, one mattress, one kitchen…

2Cases cited1 opinion

  1. Rocheport Bank v. DoakMissouri Court of Appeals · 1898

3Cited by6 opinions

  1. Rogers v. DavisMissouri Court of Appeals · 1916
  2. State v. SextonMissouri Court of Appeals · 1910
  3. Barnes v. PlessnerMissouri Court of Appeals · 1909
  4. Grant v. StubblefieldMissouri Court of Appeals · 1909
  5. Barnes v. PlessnerMissouri Court of Appeals · 1912

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