Scott v. Vogel-Boul Soda Water Co.
Missouri Court of Appeals
Appeal from' Hi. Erancois Circuit Court. — Eon. Chas, A. KÍUim\, Judge. (1) The petition in- an action in replevin must state that the plaintiff has a general or special property in the goods sued for; the mere allegation of his right to the possession of them, and of their •wrongful caption and detention by defendant will not snfficég A petition which fails to comply with this requirement is fatally defective, ever after verdict. Benedict )& Burnham Mfg.
Read the full summary
Appeal from' Hi. Erancois Circuit Court. — Eon. Chas, A. KÍUim\, Judge. (1) The petition in- an action in replevin must state that the plaintiff has a general or special property in the goods sued for; the mere allegation of his right to the possession of them, and of their •wrongful caption and detention by defendant will not snfficég A petition which fails to comply with this requirement is fatally defective, ever after verdict. Benedict )& Burnham Mfg. Co. v. Jones, 60 Mo. App. 219; Dillar cl v. McClure, 64 Mo. App. 488. An exhibit does not aid, a pleading. Merrill v. Trust Co., 46 M'o.…
1Opinion of the CourtBland, P. J.
(after stating the facts). — Defendant contends that the original petition failed to state a cause of action, in that it merely stated that plaintiffs are entitled to the possession of the property but did not state that they were the owners of the property, or that they had any special interest in it. The original petition may have been subject to this objection but the cause was tried on a second amended petition, to the filing of which no objections were made. The amended petition stated, in substance, that plaintiffs were entitled to the possession of the property under and by virtue of…
2Cases cited5 opinions
- Lacey v. GiboneySupreme Court of Missouri · 1865
- Pace v. PierceSupreme Court of Missouri · 1872
- Myers v. HaleMissouri Court of Appeals · 1885
- Steckman v. Galt State BankMissouri Court of Appeals · 1907
- Ottumwa National Bank v. TottenMissouri Court of Appeals · 1902
3Cited by1 opinion
- Baker v. DaleDistrict Court, W.D. Missouri · 1954