Allen v. McMonagle
Supreme Court of Missouri
Appeal from Caldwell Circuit Court. — Hon. E. J. Broaddus, k Judge. Action commenced before a justice of the .peace on the following account: “ 1879, John McMonagle Ur. to S. W. Allen, To nine head of sheep, $25.” In the justice’s court there was no other statement of plaintiff’s cause of action.
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Appeal from Caldwell Circuit Court. — Hon. E. J. Broaddus, k Judge. Action commenced before a justice of the .peace on the following account: “ 1879, John McMonagle Ur. to S. W. Allen, To nine head of sheep, $25.” In the justice’s court there was no other statement of plaintiff’s cause of action. In the circnit court, against the objection of defendant, the court gave plaintiff' leave to file, and he did file, the following as an amended statement: Plaintiff states that on or about the 29th day of June, 1879, he was owner of nine head of sheep, of the value of $25 ; that at said last date the…
1Opinion of the CourtSherwood, J.
The case of Hale v. Van Dever, 67 Mo. 732, is decisive of the sufficiency of the statement filed with the justice, or if that were insufficient, of the right to amend the statement in the circuit court; that such amendment did not change the cause of action.
Taken as a whole, we discover no objections to the instructions given, and no error in refusing those which were refused. There was evidence sufficient to go to the jury, tending to show a conversion. Any wrongful taking or assumption of a right to control or dispose of property, constitutes a conversion; Any wrongful act, which negatives…
2Cases cited3 opinions
- State ex rel. Wolff v. BerningSupreme Court of Missouri · 1881
- Williams v. WallSupreme Court of Missouri · 1875
- Hale v. Van DeverSupreme Court of Missouri · 1878
3Cited by17 opinions
- Kegan v. Park BankSupreme Court of Missouri · 1928
- Rundelman v. John O'Brien Boiler Works Co.Missouri Court of Appeals · 1913
- Skeen v. Springfield Engine & Thresher Co.Missouri Court of Appeals · 1889
- Simpson v. BantleyMissouri Court of Appeals · 1910
- Roach v. St. Louis Type FoundryMissouri Court of Appeals · 1886
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