Evans v. Holman
Supreme Court of Missouri
■Transferred from Kansas City Court of Appeals. (1) Plaintiff’s theory of this case and the theory adopted by the court is that unless plaintiff permitted and consented for his cow to run at large, defendants could not impound her. This is error, for this is not a criminal proceeding. McVey v. Barker, 92 Mo. App. 498; Schell v. Murray, 49 Mo. App. 233; Sloan v. Hubbard, 34 Ohio St. 583; Paris v. Hale, 13 Tex. Civ.
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■Transferred from Kansas City Court of Appeals. (1) Plaintiff’s theory of this case and the theory adopted by the court is that unless plaintiff permitted and consented for his cow to run at large, defendants could not impound her. This is error, for this is not a criminal proceeding. McVey v. Barker, 92 Mo. App. 498; Schell v. Murray, 49 Mo. App. 233; Sloan v. Hubbard, 34 Ohio St. 583; Paris v. Hale, 13 Tex. Civ. App. 386. (2) The ordinance in evidence provides under section one for the punishing by fine of one who permits his animal to run at large in the city, and under section two the…
1Opinion of the CourtFox, P. J.
This cause was certified to this court by the Kansas City Court of Appeals for the reason, in the opinion-of the court, the conclusions reached were in conflict with the rules announced by the St. Louis Court of Appeals in McVey v. Barker, 92 Mo. App. 498.
This appeal is from a judgment of the circuit court of Randolph county, Missouri. It is a suit for the claim and delivery of personal property, commonly called an action of replevin. The property involved *288was a cow belonging to the plaintiff. This cow was in the possession of J. R. Holman, marshal of the city of Huntsville, Missouri, and he…
2Cases cited4 opinions
- Spitler v. YoungSupreme Court of Missouri · 1876
- City of Paris v. HaleCourt of Appeals of Texas · 1896
- McVey v. BarkerMissouri Court of Appeals · 1902
- Sherrell v. MurrayMissouri Court of Appeals · 1892
3Cited by9 opinions
- Lemery v. LeonardOregon Supreme Court · 1921
- Moss v. Bonne Terre Farming & Cattle Co.Missouri Court of Appeals · 1928
- Trower ex rel. Trower v. City of LouisianaMissouri Court of Appeals · 1918
- Wilks v. City of CaruthersvilleMissouri Court of Appeals · 1912
- Head v. PowellMissouri Court of Appeals · 1922
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