Martin v. Henley

Decided March 15, 1850

Supreme Court of Missouri · decided 1850-03-15

This was an action of detinue brought by tlie plaintiffs to recover a negro boy. To this the defendant filed two pleas. 1st. Non-detinue. 2nd. That the negro boy was not the property of the plaintiffs.

Good law ✅— No negative treatment on recordhow we know

Decided 1850-03-15

How this case has been cited

Cited by 3 later decisions — most recently May 1893

3 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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NAPTON, J.

¶1As the course pursued by the plaintiffs’ counsel in this case was in accordance with a suggestion made in a previous decision of this court, we have thought it would best subserve the purposes of. justice to reverse the judgment of non-suit and order a new trial. Without, therefere, intending to interfere with the discretion of the Circuit Court or Court of Common Pleas in granting new trials (for the first time), we shall make this order in this case.(a) Judgment reversed and case remanded.

¶2(a) Johnson v. Strader et al., 32 Mo. R. 350, and note a.