Dollman v. Munson
Supreme Court of Missouri
Appeal from Jefferson Circuit Court. — Hon. John L. Thomas, Judge. (1) The’ motion for new trial should have been sustained. (2) An improper finding was occasioned by plaintiff s testimony. ■ (3) Defendant had a just defence. His testimony and that of Malone, Delf, Moore and Pulse shows the hog to have been his property. R. S.r sec. 3704. (4) The motion in arrest of j udgment should have been sustained.
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Appeal from Jefferson Circuit Court. — Hon. John L. Thomas, Judge. (1) The’ motion for new trial should have been sustained. (2) An improper finding was occasioned by plaintiff s testimony. ■ (3) Defendant had a just defence. His testimony and that of Malone, Delf, Moore and Pulse shows the hog to have been his property. R. S.r sec. 3704. (4) The motion in arrest of j udgment should have been sustained. On account of the defect in the statement the justice acquired no jurisdiction of the subject matter of the action. R. S., secs. 2882-3; Gist v. Boring, 60 Mo. 487; Madlcins v. Trice, 65 Mo.…
1Opinion of the Court
Rat, J. —
This is an action of replevin, brought before a justice of the peace, in Jefferson county, Missouri, for two hogs, a sow and a barrow, alleged to be worth twenty-five dollars.
The statement filed by the plaintiff before the justice contained the averments required by Revised Statutes, section 2882, and was also in the. form given by section 2883, except that the words:
“State of Missouri, )
“County of —:—, j ss."
At the head of the form, and preceding, the state-*88meat itself, were omitted. All the blanks appearing in the form were properly filled — the third blank being filled with the…
2Cases cited2 opinions
- Gist v. LoringSupreme Court of Missouri · 1875
- Madkins v. TriceSupreme Court of Missouri · 1877
3Cited by6 opinions
- Wabash Railroad v. MirrieleesSupreme Court of Missouri · 1904
- Dowdy v. WombleMissouri Court of Appeals · 1890
- Leimonas v. Lithuanian Savings & Loan Ass'nOhio Court of Appeals · 1933
- St. Joseph Folding Bed Co. v. Kansas City, Fort Scott & Memphis RailroadSupreme Court of Missouri · 1899
- National Stamping & Electric Works v. WicksMissouri Court of Appeals · 1910
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