Rich v. Donovan
Missouri Court of Appeals
Appeal from the Circuit Court of St. Louis City. — Hon. Jacob Klein, Judge. (1) There is a departure in the cause of action set up, in the replication from that set forth in the petition. Crawford v. Spencer, 36 Mo.
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Appeal from the Circuit Court of St. Louis City. — Hon. Jacob Klein, Judge. (1) There is a departure in the cause of action set up, in the replication from that set forth in the petition. Crawford v. Spencer, 36 Mo. App. 82; Huston v. Tyler, 38 S. W. Rep. 654; 1 Chitty on Pldg., p. *675. (2) No recovery is authorized against William A. Giraldin: Eirst, because he did nothing which would constitute a conversion; second, because when he drove the man off of the lots the rock was built into foundations, were part of the realty, and there is no evidence that William A. Giraldin knew of .even any…
1Opinion of the Court
BLAND, P. I.
The petition, omitting caption, is as follows:
“Plaintiff states that on the 6th day of Octob.er, 1895, O. W. "Watson of St. Louis, Missouri, was the owner of and entitled to the immediate possession of four hundred and thirty and 17-22 perches of rock or foundation stone situated on lots 51, 52, 53, 54, 55 and 56 in City Block 3973, of the city of St. Louis, Missouri, which said lots on said date were the property of defendant Annie R. Donovan; that said rock or stone was and is of the value of four hundred and ninety-five and 35-100 dollars; that afterwards, to wit, on or about…
2Cases cited3 opinions
- State Bank v. FrameSupreme Court of Missouri · 1892
- DeBerry v. WheelerSupreme Court of Missouri · 1895
- Fowler v. CarrMissouri Court of Appeals · 1895
3Cited by3 opinions
- Poplin v. BrownMissouri Court of Appeals · 1918
- Cape Girardeau & Chester Railroad v. WingerterMissouri Court of Appeals · 1907
- Simpson v. BantleyMissouri Court of Appeals · 1910