Gist v. Loring

• Decision Date: 31 May 1875
• Citation: 60 Mo. 487
• Parties: JOHN A. GIST and AUSTIN CRAIG, Respondents, v. SAMUEL G. LORING, Appellant.
• Court: Missouri Supreme Court

60 Mo. 487

JOHN A. GIST and AUSTIN CRAIG, Respondents,

v.SAMUEL G. LORING, Appellant.

Supreme Court of Missouri.

May Term, 1875.

Appeal from DeKalb Circuit Court.

S. G. Loring, for Appellant.

J. D. Strong, for Respondents.

NAPTON, Judge, delivered the opinion of the court.

This was an action for a saddle estimated at the value of $8. The suit was brought under the 3rd article of the justice act concerning “a claim and delivery of personal property.” (Wagn. Stat., 817.)

When the case reached the Circuit Court a motion to dismiss was made, and during its pendency the plaintiffs applied for leave to amend. This leave was granted; and as this involves a very prominent point in the case, it is necessary to copy the statement before the justice, which was in these words:

“Plaintiffs state that they are lawfully entitled to the possession of a certain saddle, once the property of John Fisher, of the value of $8; that the same was on or about the 1st of June, 1872, unlawfully taken, and is now wrongfully detained at the county aforesaid, and that plaintiffs are in great danger of losing said property unless taken out of defendant's possession. Plaintiff further states, that for the taking and detention of said property, and for all injuries thereto, he is damaged ten dollars. Wherefore plaintiff prays judgment for the recovery of said property, and ten dollars damages for the taking and detention thereof, and all injuries thereto.” (Signed, Austin Craig, one of the plaintiffs, who makes oath that the facts and allegations in the above statement are true.)

It is impossible to say from the transcript sent here whether there were one or two plaintiffs in this statement filed with the justice. As the case involved eight dollars, and was thought to be of sufficient importance to be brought to this court, some reasonable degree of accuracy in this respect might be looked for.

The amended statement filed in the Circuit Court, is this: “Plaintiffs, for amended statement, say that they are doing business together, and known under the firm name of Gist & Craig, and are equal partners in a general farming, butcher and grocery business, in the town of Maryville, and that they are lawfully entitled to the possession of a certain saddle, once the property of John Fisher, and known as the N. C. Ford saddle, of the value of eight dollars; that the same was on or about the 1st day of June, 1872, wrongfully detained by the defendant, and that the said saddle has not been seized.” etc., pursuing the exact words of the statute.

There was a trial in the Circuit Court without any jury, and a bill of exceptions preserves the evidence and the declarations of law made by the court.

The evidence shows that one Fisher sold a horse and saddle, confided to him by Ford, the...