White v. Gray

Decided July 15, 1862

Supreme Court of Missouri · decided 1862-07-15

This was a suit commenced in the Moniteau Circuit Court, at its September term, 1859, by the defendant in error, for the recovery of certain bricks, under the statute for the claim and delivery of personal property. Defendant answers and denies the taking of any of plaintiffs’ bricks, claims them as his property, and asks the court to render judgment in his favor for the return of the brick taken from him by the sheriff, and for damages.

Decided 1862-07-15

Bates, Judge,

¶1delivered the opinion of the court.

¶2The only complaint made of error in the court below is in the giving and refusal of instructions.

¶3The only objection made to the first instruction given for the plaintiff is that it was not warranted by the evidence. Of this we cannot judge, as the bill of exceptions does not purport to give all the evidence.

¶4The second instruction given for the plaintiff, though not very clearly expressed, contains a correct proposition, and was doubtless properly understood by the jury; at any rate, we see no error in it sufficient to authorize a reversal.

¶5The instruction prayed by the defendant and refused, was in effect given by the court in its own instruction.

¶6Judgment affirmed.

Judges Bay and Dryden concur.