Dedo v. White
| Decision Date | 31 July 1872 |
| Citation | 50 Mo. 241 |
| Parties | FREDERICK DEDO, Respondent, v. JAMES F. WHITE, ADMINISTRATOR OF RUSSELL B. FISHER, Appellant. |
| Court | Missouri Supreme Court |
Appeal from Bates Circuil Court.
H. B. Johnson and Jas. S. Botsford, for respondent.
F. P. Wright, for appellant.
This was a proceeding originally commenced in the County Court, where the plaintiff filed a demand against the estate of Russell B. Fisher, deceased, for the sum of $610, being the value of two mares, two mules and one colt, the property of plaintiff, which, it is alleged, the deceased participated in taking and converting during his lifetime. The County Court rejected the demand, and an appeal was taken to the Circuit Court, where a jury awarded the plaintiff a verdict for $500, upon which judgment was entered and an appeal was granted to this court. Upon the trial, against the objection of the defendant, the plaintiff proved by one witness that he was taken prisoner in Kansas in September, 1862, by a gang of nine armed men; that the party divided, and while part of them kept him, the others went and took some stock from the plaintiff, and that there was one of the Fisher boys with the party; but that Russell B. Fisher was not with the men who took him prisoner, nor with the men who took the plaintiff's stock.
The next witness stated that he was taken prisoner in Kansas by a band of men, and that three of the Fishers were along, but that Russell B. Fisher was not with them; that the next day after he was taken prisoner the band had in their possession two mares, two mules and one colt, which had belonged to the plaintiff, but that he did not know who took them. The witness further stated that he was taken by the men to West Point, in Bates county. in this State, and while stopping there only a minute Russell B. Fisher appeared among others, “a scare was got up,” and a mule was pointed out to him (Russell B. Fisher) by the band of men, which they told him they had got in Kansas. The mule pointed out belonged to plaintiff, but they did not say so, and he (Fisher) told them they had better take care of themselves. This was all the evidence in the case. There was no attempt to prove the value of the animals or the amount of damages.
The court, at the instance of the plaintiff, then instructed the jury that if they believed from the evidence that Russell B. Fisher commanded, or was at the time and immediately after the time commander of the men who...
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