Cartmell Machine Co. v. Sikes
Missouri Court of Appeals
Writ of Error to tbe Scott Circuit Court. — Hon. Henry O. Riley, Judge. There is one point in the record that is fatal to ■ the judgment. Plaintiff sued in replevin for a Springfield separator and an engine. The answer prayed that the “Springfield separator be adjudged the property of plaintiff.” There was no issue to be tried with regard to the separator.
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Writ of Error to tbe Scott Circuit Court. — Hon. Henry O. Riley, Judge. There is one point in the record that is fatal to ■ the judgment. Plaintiff sued in replevin for a Springfield separator and an engine. The answer prayed that the “Springfield separator be adjudged the property of plaintiff.” There was no issue to be tried with regard to the separator. On the pleadings thereunder it was admitted it was plaintiff’s property, and defendant did not, as provided in section 7489, claim the property and demand its‘return, but the court is aslced to adjudge it to be plaintiff’s. Notwithstanding…
1Opinion of the CourtBond, J.
Plaintiff replevied from defendant a Springfield vibrating. separator with appurtenances, and also one second-hand 12-horsepower traction engine. Defendant’s answer set forth his contract with plaintiff whereunder he acquired title to the property, and alleged a mutual agreement for the exchange of the Springfield vibrating separator for another of a different make; averred that plaintiff failed to comply with the terms of this agreement for substitution; prayed that his notes given for the purchase of the property should be delivered up and canceled, and concluded by asking “that said…
2Cases cited3 opinions
- Young v. GlascockSupreme Court of Missouri · 1883
- Wm. S. Merrill Chemical Co. v. NickellsMissouri Court of Appeals · 1896
- Fowler v. CarrMissouri Court of Appeals · 1893
3Cited by3 opinions
- Cable v. DukeSupreme Court of Missouri · 1907
- St. Louis Union Trust Co. v. MerrittMissouri Court of Appeals · 1911
- Keller Bros. Mercantile Co. v. HolmesMissouri Court of Appeals · 1912