Clark v. Sublette
Missouri Court of Appeals
Appealed from Adair Circuit Court. — Eon. Nat. M. Shelton, Judge. (1) The defendant contends the instruction is erroneous, for the reason that there were two defenses interposed and proven on behalf of the defendant. But we •contend earnestly that such instruction eliminates the •second defense, -a defense perfect and complete in itself.
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Appealed from Adair Circuit Court. — Eon. Nat. M. Shelton, Judge. (1) The defendant contends the instruction is erroneous, for the reason that there were two defenses interposed and proven on behalf of the defendant. But we •contend earnestly that such instruction eliminates the •second defense, -a defense perfect and complete in itself. (2) It is elementary that an action in replevin, cannot he maintained against a person who has neither the possession nor control of property. Land Co. v. Company, 87-Mo. App. 167; Bank v. Metcalf, 29 Mo. App. 395; Fisk v. Phelps, 30 Mr. App. 431; State v.…
1Opinion of the CourtBroaddus, P. J.
This is a suit begun in a justice’s court where it was tried and appealed to the circuit court, where it was again tried and judgment rendered against appellant, who appealed to this court.
The property in controversy is a cow of the value of $40. On the trial, plaintiff introduced evidence tending to show she was the OAvner of the cow; that the same was wrongfully detained by defendant at the time of the institution of the suit; and that defendant claimed to have possession of the property at that time, and that he resisted the officers charged with the execution of the writ. Defendant’s…
2Cases cited5 opinions
- Davis v. RandolphMissouri Court of Appeals · 1877
- Decker v. ArmstrongSupreme Court of Missouri · 1885
- Penn v. BrashearMissouri Court of Appeals · 1896
- State ex rel. Beckwith v. FinnSupreme Court of Missouri · 1890
- Gulath v. WaldsteinMissouri Court of Appeals · 1879
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- Gibson v. BallMissouri Court of Appeals · 1911