Bingham v. Morrow
Missouri Court of Appeals
Appeal from the Stone Circuit Court, Hon. W. D.. Hubbard,' Judge. The court committed error in not sustaining defendant’s motion to dismiss the action for want of jurisdiction over the subject-matter. Rev. Stat., sec. 2882; Hargadine v. YanHorn, 72 Mo. 370 ; Bray v. Mod leary, 55 Mo. 128 ; Kimball r>. Silvers, 22 Mo.
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Appeal from the Stone Circuit Court, Hon. W. D.. Hubbard,' Judge. The court committed error in not sustaining defendant’s motion to dismiss the action for want of jurisdiction over the subject-matter. Rev. Stat., sec. 2882; Hargadine v. YanHorn, 72 Mo. 370 ; Bray v. Mod leary, 55 Mo. 128 ; Kimball r>. Silvers, 22 Mo. App. 520. In the circuit court the filing of the affidavit is a jurisdictional fact in attachment; in replevin it is not, for replevin may be maintained without an affidavit. Eads v. Stephens, 63 Mo. 90; Mastín v. Bank, 65 Mo. 16 ; Bray v. Medlurg, 55 Mo. 128. Now, in a justice’s…
1Opinion of the CourtLewis, P. J.
A complaint in replevin was filed by the plaintiff before a justice of the peace, in the following words:
“ Plaintiff states that he is lawfully entitled to the possession of one red and white steer, two years old past, marked with a crop off of the right ear and split in the left ear, and branded with the letter J on the left hip ; small for his age; of the value of eighteen dollars: that the same is wrongfully detained by the defendant at the county of Christian; that the same has not been seized under any process, execution, or attachment against the property of the plaintiff; that the said…
2Cases cited1 opinion
- Eads v. StephensSupreme Court of Missouri · 1876
3Cited by8 opinions
- United Shoe Machinery Co. v. RamloseSupreme Court of Missouri · 1908
- Elsea v. BassMissouri Court of Appeals · 1934
- White v. GraceMissouri Court of Appeals · 1916
- Deschenes v. Beall, Beall ReevesWyoming Supreme Court · 1945
- Keen v. MungerMissouri Court of Appeals · 1893
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