Adam Roth Grocery Co. v. May
Missouri Court of Appeals
Appeal from the Pike Circuit Court. — Hon. Reuben F. Roy, Judge. The finding and judgment are not responsive to the issues and is a nullity. Mills v. Thompson, 61 Mo. 415-417; Plewson v. Tootle, 72 Mo. 632; Nelson Distilling Co. v. Hubbard, 53 Mo." App. 23-28. An interplea is peculiarly a possessory, action, the right of the present possession of the property being the principal question in controversy.
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Appeal from the Pike Circuit Court. — Hon. Reuben F. Roy, Judge. The finding and judgment are not responsive to the issues and is a nullity. Mills v. Thompson, 61 Mo. 415-417; Plewson v. Tootle, 72 Mo. 632; Nelson Distilling Co. v. Hubbard, 53 Mo." App. 23-28. An interplea is peculiarly a possessory, action, the right of the present possession of the property being the principal question in controversy. Wells Replev., sec. 39. It involves the exclusive right of the claimant to the immediate possession of the chattel (or the proceeds arising from the sale thereof), and the fact of the wrongful…
1Opinion of the CourtBiggs, J.
*303Judgment. *302This is the second appeal in this case (69 Mo. App. 463). The suit originated in the Louisiana court of common pleas. After the cause was remanded by this court, Lewis, the defendant in the attachment, died and R. A. May, the administrator of his estate, was substituted as defendant in the action. The venue was then changed to the circuit •court of the county. The facts attending the litigation arc fully stated in the former opinion. It is only necessary to restate that the Adam Roth Grocery Company sued Lewis by attachment. A few days before the attachment Lewis had transferred the…
2Cases cited6 opinions
- Hewson v. TootleSupreme Court of Missouri · 1880
- Nelson Distilling Co. v. HubbardMissouri Court of Appeals · 1893
- Mills v. ThomsonSupreme Court of Missouri · 1875
- Adam Roth Grocery Co. v. LewisMissouri Court of Appeals · 1897
- Nave v. RichardsonSupreme Court of Missouri · 1865
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