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4 Mo. 421

Moore v. Moore

Supreme Court of Missouri

Decided June 15, 1836

Supreme Court of Missouri · decided 1836-06-15

E. Moore, the widow and administratrix of the effects Nelson Moore, brought an action of replevin, against Robert and Alexander Moore, for several horse beasts; the defendants pleaded non cepit, and property in themselves and property in a stranger. Issues were taken on those pleas, and the parties went to trial. A verdict and judgment were given for the plaintiff. The defendants moved the court for a new trial, for the following reasons: 1st. The verdict is against law. 2.

Cited by 1 later decisions — most recently May 2012

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Gamble for plaintiff in error · Decided 1836-06-15

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¶1Opinion of the court delivered by

McGirk Judge.

¶2The testimony is not direct and positive as to some of the property, yet we think the acts of authority exercised by the defendants over the property, in forbidding the plaintiff and the witness from removing any thing farm>was epough to justify the jury in this case, when a woman as administratrix was claimant, to say ^iere was a talking, they were physically able to have their orders obeyed; under these circumstances, they may well be considered as actually possessing the prop- or 0f the horses about the farm.

¶3We cannot say the verdit is against law nor against evidence, and if the verdict is against the evidence it is not so such degree as to authorise us to interfere.— T . , ~ P .,, Judgment affirmed with costs.

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