First National Bank v. Ragsdale
Missouri Court of Appeals
Appeal from Audrain Circuit Court. — Hon. E. M. Hughes, Judge. (1) The court'committed manifest error in giving -defendant’s sixth instruction. It stands upon precisely the same principle as the erroneous ruling of the trial court, for which the judgment was reversed upon the former appeal.
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Appeal from Audrain Circuit Court. — Hon. E. M. Hughes, Judge. (1) The court'committed manifest error in giving -defendant’s sixth instruction. It stands upon precisely the same principle as the erroneous ruling of the trial court, for which the judgment was reversed upon the former appeal. This instruction is not predicated upon the theory that the cattle did not belong to Crockett B. Ragsdale, but notwithstanding they may have been his property at the time the mortgage was given, and were held by defendant as his agent when the suit was instituted, still the jury were told that the verdict…
1Opinion of the CourtMarshall, J.
This is an action in replevin for one hundred and twenty head of cattle, begun in the Monroe Circuit Court to the October term, 1896, and by consent of parties the venue changed to Audrain county. This is the second appeal, to this court, of the' case. The decision on the first appeal is reported in 158 Mo. 668. The second trial resulted in a verdict and judgment for defendant and the plaintiff has again appealed.
Upon the first trial and appeal the defendant claimed that the note and mortgage under which the plaintiff claimed title were never delivered to the mortgagee and were never uttered…
2Cases cited17 opinions
- Taylor v. ZeppSupreme Court of Missouri · 1851
- Johnson-Brinkman Commission Co. v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1895
- Garnhart v. FinneySupreme Court of Missouri · 1867
- Tetherow v. St. Joseph & Des Moines RailroadSupreme Court of Missouri · 1888
- Chicago, Milwaukee & St. Paul Railway Co. v. Randolph Town-Site Co.Supreme Court of Missouri · 1890
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3Cited by12 opinions
- State Upon the Information of Shartel v. Missouri Utilities Co.Supreme Court of Missouri · 1932
- Grafeman Dairy Co. v. Northwestern BankSupreme Court of Missouri · 1921
- De Lashmutt v. TeetorSupreme Court of Missouri · 1914
- McLain v. Mercantile Trust Co.Supreme Court of Missouri · 1922
- Campbell v. WoodsMissouri Court of Appeals · 1907
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