Jones ex rel. McClure v. Jones

• Court: Missouri Supreme Court
• Writing for the Court: FAGG
• Citation: Jones ex rel. McClure v. Jones, 38 Mo. 429 (Mo. 1866)
• Decision Date: 31 October 1866
• Parties: RICHARD R. JONES TO USE A. MCCLURE, Respondent, v. ANDREW M. JONES AND CHARLES C. JONES, Appellants.

38 Mo. 429

RICHARD R. JONES TO USE A. MCCLURE, Respondent,

v.ANDREW M. JONES AND CHARLES C. JONES, Appellants.

Supreme Court of Missouri.

October Term, 1866.

Appeal from Franklin Circuit Court.

McClure instituted a suit by attachment in the Franklin Circuit Court against one Shafty, in which a certain engine and machine were attached, in which engine and machine it was claimed that Shafty owned one undivided half interest. Under the provisions of § 29, p. 247, R. C. 1855, a bond was given by the defendant for the delivery of the property. In a suit upon the bond, the petition averred that the bond was made in the attachment suit--one-half of the engine and the entire machine were adjudged to be the property of Shafty and liable to the attachment of McCarty, and they were ordered to be sold to satisfy the attachment; that Jones did deliver said property at the place he was bound and ordered to deliver it, but did not deliver it in as good order as it was when attached, but that it was rusted, worn and damaged; that the defendant did deliver the property to the sheriff, but it was damaged and greatly injured, and asked judgment. The defendant in his answer asserted that he delivered the property to the sheriff, as required by the terms of the bond.

Sharp & Broadhead, for appellants.

Chas. Jones, for respondent.

No objections or exceptions were taken to the instructions given-The instructions given by the court were clearly correct and unobjection. able. The jury have acted upon the evidence in the case. Why should the court interfere to send this case back to the Circuit Court for more litigation, when perfect justice has been done? It is certain the court will not reverse the judgment of the Circuit Court--Rider v. Springmeyer, 30 Mo. 234. The Supreme Court will not reverse or grant a new trial because the verdict is against the weight of evidence--Weber v. Degenhardt, 34 Mo. 458; Irwin v. Riddlesbarger, 29 Mo. 340; Papin v. Allen, 33 Mo. 200; Smock v. White, 28 Mo. 163; Zimmerman v. Owens, 24 Mo. 97.

FAGG, Judge, delivered the opinion of the court.

The respondent, late sheriff of Franklin county, instituted a suit in the Circuit Court of that County against the appellants upon a bond executed by them for the forthcoming of certain property found in their possession, and which had been attached as the property of one Shafty at the suit of said McClure. The property was retained in the possession of the appellants under the provisions of § 29, art. 1, of the Attachment Law, R. C. 1855.

This action seems to have been brought and tried in the court below upon...