Donnell v. Miller
Missouri Court of Appeals
Donnell v. Miller, 133 Mo. App. 693 (1908)
113 S.W. 1132; 1908 Mo. App. LEXIS 389
Ellison
Donnell v. Miller
Opinion of the Court
This is an action of replevin begun in the circuit court, in which the plaintiff recovered judgment in the trial court.
The petition does not allege ownership, either general or special, in the plaintiff, and for that reason is fatally defective. It does allege that plaintiff was “lawfully entitled to the possession of,” etc., but that, it seems, has been held not to be sufficient. [Benedict v. Jones, 60 Mo. App. 219.] That case has since been cited in Dillard v. McClure, 64 Mo. App. 488, and Harmon v. Iden, 88 Mo. App. 314. We must therefore hold
The judgment is reversed and the cause remanded.
Reference
- Full Case Name
- JUNIUS S. DONNELL v. JOHN F. MILLER
- Cited By
- 3 cases
- Status
- Published