defendant fails challenge (Missouri) · Go Syfert
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defendant fails challenge in Missouri

12 Missouri opinions name it 1 courts 1908–2000 0 in the last five years

The cases below were cited by Missouri courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (7)

CaseFollowedCited
State v. Kellygreen
moctapp · 1993 · cited in 3 Missouri opinions naming this issue, 1993–1996
2 sentences

1996State v. Kelly, 851 S.W.2d 693, 697 (Mo.App.

1993State v. Kelly, 851 S.W.2d 693, 697 (Mo.App.1993); State v. Jackson, 809 S.W.2d 77, 81 (Mo.App.1991).

33
State v. Jacksongreen
moctapp · 1991 · cited in 3 Missouri opinions naming this issue, 1993–1993
2 sentences

1993State v. Kelly, 851 S.W.2d 693, 697 (Mo.App.1993); State v. Jackson, 809 S.W.2d 77, 81 (Mo.App.1991).

1993State v. Jackson, 809 S.W.2d 77, 81 (Mo.App.1991).

33
State v. Plummergreen
moctapp · 1993 · cited in 2 Missouri opinions naming this issue, 1994–1996
2 sentences

1996State v. Plummer, 860 S.W.2d 340, 345-46 (Mo.App. 1993).

1994“If a defendant fails to challenge the state’s explanation in the trial court, the defendant may not challenge the state’s explanation on appeal.” State v. Plummer, 860 S.W.2d 340, 346 (Mo.App.E.D.1993).

22
State v. Wrightgreen
moctapp · 1998 · cited in 1 Missouri opinions naming this issue, 2000–2000
1 sentence

2000Wright, 972 S.W.2d at 307 (citations omitted).

11
State v. MacKgreen
moctapp · 1995 · cited in 1 Missouri opinions naming this issue, 1998–1998
1 sentence

1998State v. Mack, 903 S.W.2d 623, 629 (Mo.App.1995).

11
State v. Fritzgreen
moctapp · 1996 · cited in 1 Missouri opinions naming this issue, 1996–1996
1 sentence

1996State v. Fritz, 913 S.W.2d 941, 946 (Mo.App.1996).

11
M. F. A. Cooperative Ass'n of Mansfield v. Murraygreen
moctapp · 1963 · cited in 1 Missouri opinions naming this issue, 1972–1972
1 sentence

1972Cooperative Ass’n of Mansfield v. Murray, Mo.App., 365 S.W.2d 279, 289 [16-18].

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Missouri. Read the followed side critically anyway.

Also cited on this issue (2)

CaseCitedYears
Morrison v. Yancey neutral
moctapp · 1886
1 sentence

1927In such case the statute provides for the assessment of damages, value of the property and summary judgment for the plaintiff against the principal and sureties on the replevin bond. *577 Section 2090 makes tlie following provisions: “If in any case it shall become necessary to sue upon any bond given in virtue of this article, the same may be done by civil action against the obligors, jointly or severally, in the name of the party to whom the bond was given.” In the case of Morrison v. Yancey, 23 Mo. App. 670, 673 , it is held: “It was the plaintiff who by his own action prevented an assessme

11927–1927
Gulath v. Waldstein neutral
moctapp · 1879
1 sentence

1908A judgment in replevin should be in the alternative where it is against the party having the possession (Cobbey on Replevin (2 Ed.), section 1105), and it should give the alternatives prescribed by the statute. [Gulath v. Waldstein, 7 Mo. App. 66 .] But where, as here, the verdict is proper, an irregular judgment may be corrected by the appellate court and should not be treated as an error compelling a retrial of the cause. [Cobbey on Replevin, section 1089.] Accordingly the judgment is reversed and the cause remanded with directions to enter judgment on the verdict in conformity with the stat

11908–1908

Statutes the citing opinions construe

MO § Mo. Rev. Stat. § 571.015 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

IL 18 (1936–2025) MO 12 (1908–2000) NC 8 (2009–2018) CA 7 (1967–2019) TX 6 (1994–2025) NY 4 (1984–2016) MA 3 (2010–2026) OH 3 (2019–2025) WA 3 (1997–2024) NJ 2 (2000–2017) VA 2 (2023–2023) FL 2 (2019–2019) AZ 2 (2022–2026) KS 2 (2008–2021) LA 2 (1997–1997)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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