Kimball v. Silvers
Missouri Court of Appeals
Appeal from Jackson Circuit Court, Hon. F. M. Black, Judge. Statement of case by the court. ' This is an action in replevin for recovery of the possession of a piano. The important facts are, that, on or before the fifth day of November, 1881, the plaintiff, through his agent at Kansas City, sold to Mrs. E. M. Thorpe, a piano.
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Appeal from Jackson Circuit Court, Hon. F. M. Black, Judge. Statement of case by the court. ' This is an action in replevin for recovery of the possession of a piano. The important facts are, that, on or before the fifth day of November, 1881, the plaintiff, through his agent at Kansas City, sold to Mrs. E. M. Thorpe, a piano. She paid in cash thereon the sum of one hundred and fifty dollars, and gave to plaintiff her promissory note for the balance of the purchase money ; to secure which she executed a chattel mortgage to plaintiff. Mrs. Thorpe was then a married woman, and her husband…
1Opinion of the CourtPhilips, P. J.
I. The first matter for consideration is the action of the court in denying the defendants’ motion to remand the property to the defendants, and in permitting the plaintiff to file the proper affidavit. The statute (sect. 3844, Rev. Stat.) provides that if the plaintiff claim in his petition the possession of specific personal property, he may, at the time of filing his petition, or at any other time afterwards, before the rendition of judgment in the cause, file his affidavit, or the affidavit of some other person in his behalf, etc.
It may be conceded that, under the original affidavit, the…
2Cases cited9 opinions
- McCoy v. HyattSupreme Court of Missouri · 1883
- Kimm v. WeippertSupreme Court of Missouri · 1870
- Nash v. NormentMissouri Court of Appeals · 1878
- Higgins v. PeltzerSupreme Court of Missouri · 1871
- State ex rel. Hunt v. SackSupreme Court of Missouri · 1883
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- Mendenhall v. LeivyMissouri Court of Appeals · 1891