Fergusson v. Comfort
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Hon. George G. Hitchcock, Judge. (1) The value of the chattels in question was wrongfully assessed as of the time of caption.
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Appeal from the St. Louis City Circuit Court. — Hon. George G. Hitchcock, Judge. (1) The value of the chattels in question was wrongfully assessed as of the time of caption. In an action of replevin where the finding is against the party in possession of the property, the value of the property should be assessed against him, and such assessments must be the value found by. the jury to exist at the date of trial, and not the value which the property may, have had at the time of caption, or at the institution of the suit. White v.‘ Storms, 21 Mo. App. 288; Ascher v. Schaeper, 25 Mo. App. 1;…
1Opinion of the CourtAllen, J.
This is an action in replevin. The trial below resulted in a verdict and judgment in favor of the defendants, and plaintiff brought the case here by appeal. We transferred the cause to the Supreme Court upon the theory that the amount in dispute on appeal was beyond our jurisdiction (see Ferguson v. *428Comfort, 159 Mo. App. 30, 139 S. W. 218); but tbe Supreme Court held otherwise and transferred it to this court (see Ferguson v. Comfort, 264 Mo. 274, 174 S. W. 411).
In May, 1907, one Charles D. Comfort, one of the defendants herein, recovered a judgment against one John W. Baker and another in…
Also in this document: Concurrence.
2Cases cited17 opinions
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- Wm. S. Merrill Chemical Co. v. NickellsMissouri Court of Appeals · 1896
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- Dodd v. ThomasSupreme Court of Missouri · 1879
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