Legal Opinion

Phillips v. Ockel

Missouri Court of Appeals

Decided November 18, 1980No. 41761PublishedCited by 14 opinions

1Opinion of the Court

GUNN, Judge.

Defendant-appellant in a replevin action appeals from an adverse judgment of $8,000 for the value of plaintiff’s property wrongfully taken. She also appeals from the denial of her counterclaim for past due rent. Three issues are raised on appeal: (1) that plaintiff-respondent failed in his proof of lawful possession or ownership of the property; (2) that plaintiff failed in his proof of value of the property; (3) that the evidence supported defendant’s claim for past due rent and that she was entitled to remove plaintiff’s property. The evidence supports the trial court’s…

2Cases cited14 opinions

  1. Trenton Trust Co. v. Western Surety Co.Supreme Court of Missouri · 1980
  2. Coonis v. RogersSupreme Court of Missouri · 1968
  3. Means v. Sears, Roebuck & Co.Supreme Court of Missouri · 1977
  4. St. Joseph Light & Power Co. v. Kaw Valley Tunneling, Inc.Supreme Court of Missouri · 1979
  5. Fritts v. Cloud Oak Flooring CompanyMissouri Court of Appeals · 1972

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3Cited by14 opinions

  1. Sedalia Mercantile Bank & Trust Co. v. Loges Farms, Inc.Missouri Court of Appeals · 1987
  2. Polk County Bank v. SpitzMissouri Court of Appeals · 1985
  3. Gentry v. Lee's Summit, MissouriCourt of Appeals for the Eighth Circuit · 1993
  4. Commerce Bank of Springfield v. GreenMissouri Court of Appeals · 1988
  5. ROBERTS HOLDINGS, INC. v. BECCA'S BARKERY, INC., STEVEN KALCH, and REBECCA E. KALCH, Defendants-Respondents.Missouri Court of Appeals · 2014

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