Keen v. Munger
Missouri Court of Appeals
Appeal from the Shrnnon Circuit Court. — Hon. W. N. Evans, Judge. (1) The amended petition is fatally defective and does not state facts sufficient to constitute a cause of action. It omits to state that the property in controversy was wrongfully detained by the defendant at the time the suit was instituted, or that defendant was in possession at all.
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Appeal from the Shrnnon Circuit Court. — Hon. W. N. Evans, Judge. (1) The amended petition is fatally defective and does not state facts sufficient to constitute a cause of action. It omits to state that the property in controversy was wrongfully detained by the defendant at the time the suit was instituted, or that defendant was in possession at all. The only allegation as to possession is that he levied upon and seized an undivided one-half interest of, in and to said mill. Furnishing Co. v. Wallace, 21 Mo. App. 128; Mfg. Go. v. Senn, 7 Mo. App. 584; Beigert v. Voellcer, 6 Mo. App. 53;.…
1Opinion of the Court
Romp, a per, P. J.
The action is replevin for a sawmill. Upon its trial in the circuit court, the plain*662tiffs recovered judgment for possession and damages for detention. On motion for new trial the court compelled a remittitur of the damages, leaving the judgment one for possession only. The defendant, appealing, assigns for error that this judgment is unwarranted by the record, because the plaintiffs’ petition fails to state a cause of action.
The original petition was filed by Keen alone, and sought to recover one undivided one-half interest in the sawmill. It was accompanied by an affidavit…
2Cases cited5 opinions
- Butler v. LawsonSupreme Court of Missouri · 1880
- Eads v. StephensSupreme Court of Missouri · 1876
- Jones v. LoudermanSupreme Court of Missouri · 1866
- Staley House Furnishing Co. v. WallaceMissouri Court of Appeals · 1886
- Bingham v. MorrowMissouri Court of Appeals · 1888
3Cited by3 opinions
- Summers v. Fidelity Mutual Aid Ass'nMissouri Court of Appeals · 1900
- Zimmerman v. DowneyMissouri Court of Appeals · 1896
- Coggshall v. MungerMissouri Court of Appeals · 1893