Morrison v. Yancey
Missouri Court of Appeals
1 Appeal from the St. Louis Circuit Court, Daniel Dillon, Judge. The defendant, in a replevin' suit, who fails to have his damages assessed in that suit, can not maintain an action against the plaintiff and his sureties on the replevin bond for damages.
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1 Appeal from the St. Louis Circuit Court, Daniel Dillon, Judge. The defendant, in a replevin' suit, who fails to have his damages assessed in that suit, can not maintain an action against the plaintiff and his sureties on the replevin bond for damages. White v. Van Houten, 51 Mo. 577; Hohenthals v. Watson, 28 Mo. 360 ; Farley v. Bryant, 34 Mo. 512 ; Boutell v. Warne, 62 Mo. 350 ; Dougherty v. Cooper, 77 Mo. 535. If there was sufficient evidence to justify the court in submitting the cause to the jury it should have been directed as to the measure of damages. Shenuit v. Brueggestradt, 8 Mo.…
1Opinion of the CourtRombaiter, J.
The facts of the case, as claimed by the plaintiff, are briefly stated as follows: In 1878 the defendant, Yancey, brought an action of replevin in the Wayne county circuit' court, to recover a locomotive engine, and executed a bond in the penal sum of five hundred dollars with his present co-defendant as surety.
The suit was dismissed in 1878 by the court, without .any trial on the merits, for failure on the part of Yancey to file an additional replevin bond, but no order was made for the return of the property, nor was any inquiry of damages had, the cause being continued for that purpose to…
2Cases cited6 opinions
- Union Savings Ass'n v. EdwardsSupreme Court of Missouri · 1871
- Berghoff v. HeckwolfSupreme Court of Missouri · 1858
- White v. Van HoutenSupreme Court of Missouri · 1873
- Soulard v. ClarkSupreme Court of Missouri · 1854
- Elliott v. BlackSupreme Court of Missouri · 1870
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3Cited by15 opinions
- Red-E-Gas Company v. MeadowsMissouri Court of Appeals · 1962
- Rhodes v. Holladay-Klotz Land & Lumber Co.Missouri Court of Appeals · 1904
- Kick v. DoersteMissouri Court of Appeals · 1891
- O'Brien v. LoomisMissouri Court of Appeals · 1890
- Phillips v. Hamilton Brown Shoe Co.Missouri Court of Appeals · 1914
10 more not listed; retrieve them via the Exa API.