Already have an account? Sign in instead.
You stay signed in for 30 days on this browser.
Continue with Google Continue with MicrosoftNo account yet? Create a free one.
We sent a six-digit code.
It expires in ten minutes, works once, and only in this browser. Five wrong tries void it. Send another code.
Your account is live and the Cloudflare checks are off for this browser.
6 Missouri opinions name it 2 courts 1903–2009 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.
| Case | Followed | Cited |
|---|---|---|
Olson v. Penrodgreen2 sentences2009Additionally, “ ‘a plaintiffs right of recovery depends upon the strength of his own claim, and not on the weakness of the defendant’s.’ ” Id. (quoting Olson v. Pe-rod, 493 S.W.2d 673, 676 (Mo.App.1973)). “[D]amages may be allowed in a replevin suit if demanded by the successful party in his petition.” State v. American Surety Co., 74 S.W.2d 1094, 1095 (Mo.App.1934). 1997Additionally, “a plaintiff’s right of recovery depends upon the strength of his own claim, and not on the weakness of the defendant[’]s.” Olson v. Penrod, 493 S.W.2d 673, 676 (Mo.App.1973). | 3 | 3 |
State Rel. Stevenson v. American Suretygreen2 sentences2009Additionally, “ ‘a plaintiffs right of recovery depends upon the strength of his own claim, and not on the weakness of the defendant’s.’ ” Id. (quoting Olson v. Pe-rod, 493 S.W.2d 673, 676 (Mo.App.1973)). “[D]amages may be allowed in a replevin suit if demanded by the successful party in his petition.” State v. American Surety Co., 74 S.W.2d 1094, 1095 (Mo.App.1934). 2009“But even in a replevin suit, where the court and jury fail to assess damages, a suit may be maintained on the bond for damages.” Id. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Missouri. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Green Hills Production Credit Ass'n v. R & M Porter Farms, Inc.
green
1 sentence2009Additionally, “ ‘a plaintiffs right of recovery depends upon the strength of his own claim, and not on the weakness of the defendant’s.’ ” Id. (quoting Olson v. Pe-rod, 493 S.W.2d 673, 676 (Mo.App.1973)). “[D]amages may be allowed in a replevin suit if demanded by the successful party in his petition.” State v. American Surety Co., 74 S.W.2d 1094, 1095 (Mo.App.1934). | 1 | 2009–2009 |
Pearl v. Interstate Securities Co.
green
2 sentences1963Pearl v. Interstate Securities Co., 357 Mo. 160 , 206 S.W.2d 975 ; Foulke v. McIntosh, Mo.App., 214 S.W.2d 735 ; Bordman Investment Co. v. Peoples Bank of Kansas City, Mo.App., 320 S.W.2d 72 . 1963Pearl v. Interstate Securities Co., 357 Mo. 160 , 206 S.W.2d 975 ; Foulke v. McIntosh, Mo.App., 214 S.W.2d 735 ; Bordman Investment Co. v. Peoples Bank of Kansas City, Mo.App., 320 S.W.2d 72 . | 1 | 1963–1963 |
Bordman Investment Co. v. Peoples Bank of Kansas City
green
1 sentence1963Pearl v. Interstate Securities Co., 357 Mo. 160 , 206 S.W.2d 975 ; Foulke v. McIntosh, Mo.App., 214 S.W.2d 735 ; Bordman Investment Co. v. Peoples Bank of Kansas City, Mo.App., 320 S.W.2d 72 . | 1 | 1963–1963 |
Little v. St. Louis Union Trust Co.
neutral
2 sentences1934Louis Union Trust Co., 197 Mo. 281 , 291, 94 S.W. 890 .] Each claimant was required to and did by way of interplea assert his claim to the fund, occupying the position of a plaintiff with the burden on each to support his claim or have his interplea dismissed. [33 C.J. 459; Commonwealth Trust Co. v. Du Mortimer, 193 Mo. App. 290 , 299, 183 S.W. 1137 .] In such situation each claimant must stand on the strength of his own claim rather than on the weakness of a rival claim. [3] We are mindful, of course, as contended by relators, that in this present proceeding our province is solely to determin 1934Louis Union Trust Co., 197 Mo. 281 , 291, 94 S.W. 890 .] Each claimant was required to and did by way of interplea assert his claim to the fund, occupying the position of a plaintiff with the burden on each to support his claim or have his interplea dismissed. [33 C.J. 459; Commonwealth Trust Co. v. Du Mortimer, 193 Mo. App. 290 , 299, 183 S.W. 1137 .] In such situation each claimant must stand on the strength of his own claim rather than on the weakness of a rival claim. [3] We are mindful, of course, as contended by relators, that in this present proceeding our province is solely to determin | 1 | 1934–1934 |
State Ex Rel. Brotherhood of American Yeoman v. Reynolds
green
2 sentences1934VI, Amendment of 1884, Sec. 6, Constitution of Missouri; State ex rel. v. Haid, 323 Mo. 9 , 18 S.W.2d 478 , 480; State ex rel. v. Reynolds, 287 Mo. 169 , 174, 229 S.W. 1057 ; State ex rel. v. Reynolds, 289 Mo. 506 , 514, 233 S.W. 483 .] And in determining that question this court will take as true and consider only the facts as found and stated by the Court of Appeals. [State ex rel. v. Smith (Mo.), 43 S.W.2d 1054 , 1057; State ex rel. v. Trimble, 323 Mo. 458 , 20 S.W.2d 46 , 51.] We cannot, however, shut our eyes to the fact that the case in the Court of Appeals in which was rendered the opin 1934VI, Amendment of 1884, Sec. 6, Constitution of Missouri; State ex rel. v. Haid, 323 Mo. 9 , 18 S.W.2d 478 , 480; State ex rel. v. Reynolds, 287 Mo. 169 , 174, 229 S.W. 1057 ; State ex rel. v. Reynolds, 289 Mo. 506 , 514, 233 S.W. 483 .] And in determining that question this court will take as true and consider only the facts as found and stated by the Court of Appeals. [State ex rel. v. Smith (Mo.), 43 S.W.2d 1054 , 1057; State ex rel. v. Trimble, 323 Mo. 458 , 20 S.W.2d 46 , 51.] We cannot, however, shut our eyes to the fact that the case in the Court of Appeals in which was rendered the opin | 1 | 1934–1934 |
State Ex Rel. Kroger Grocery & Baking Co. v. Haid
green
2 sentences1934VI, Amendment of 1884, Sec. 6, Constitution of Missouri; State ex rel. v. Haid, 323 Mo. 9 , 18 S.W.2d 478 , 480; State ex rel. v. Reynolds, 287 Mo. 169 , 174, 229 S.W. 1057 ; State ex rel. v. Reynolds, 289 Mo. 506 , 514, 233 S.W. 483 .] And in determining that question this court will take as true and consider only the facts as found and stated by the Court of Appeals. [State ex rel. v. Smith (Mo.), 43 S.W.2d 1054 , 1057; State ex rel. v. Trimble, 323 Mo. 458 , 20 S.W.2d 46 , 51.] We cannot, however, shut our eyes to the fact that the case in the Court of Appeals in which was rendered the opin 1934VI, Amendment of 1884, Sec. 6, Constitution of Missouri; State ex rel. v. Haid, 323 Mo. 9 , 18 S.W.2d 478 , 480; State ex rel. v. Reynolds, 287 Mo. 169 , 174, 229 S.W. 1057 ; State ex rel. v. Reynolds, 289 Mo. 506 , 514, 233 S.W. 483 .] And in determining that question this court will take as true and consider only the facts as found and stated by the Court of Appeals. [State ex rel. v. Smith (Mo.), 43 S.W.2d 1054 , 1057; State ex rel. v. Trimble, 323 Mo. 458 , 20 S.W.2d 46 , 51.] We cannot, however, shut our eyes to the fact that the case in the Court of Appeals in which was rendered the opin | 1 | 1934–1934 |
State Ex Rel. Calhoun v. Reynolds
green
2 sentences1934VI, Amendment of 1884, Sec. 6, Constitution of Missouri; State ex rel. v. Haid, 323 Mo. 9 , 18 S.W.2d 478 , 480; State ex rel. v. Reynolds, 287 Mo. 169 , 174, 229 S.W. 1057 ; State ex rel. v. Reynolds, 289 Mo. 506 , 514, 233 S.W. 483 .] And in determining that question this court will take as true and consider only the facts as found and stated by the Court of Appeals. [State ex rel. v. Smith (Mo.), 43 S.W.2d 1054 , 1057; State ex rel. v. Trimble, 323 Mo. 458 , 20 S.W.2d 46 , 51.] We cannot, however, shut our eyes to the fact that the case in the Court of Appeals in which was rendered the opin 1934VI, Amendment of 1884, Sec. 6, Constitution of Missouri; State ex rel. v. Haid, 323 Mo. 9 , 18 S.W.2d 478 , 480; State ex rel. v. Reynolds, 287 Mo. 169 , 174, 229 S.W. 1057 ; State ex rel. v. Reynolds, 289 Mo. 506 , 514, 233 S.W. 483 .] And in determining that question this court will take as true and consider only the facts as found and stated by the Court of Appeals. [State ex rel. v. Smith (Mo.), 43 S.W.2d 1054 , 1057; State ex rel. v. Trimble, 323 Mo. 458 , 20 S.W.2d 46 , 51.] We cannot, however, shut our eyes to the fact that the case in the Court of Appeals in which was rendered the opin | 1 | 1934–1934 |
State Ex Rel. Northwestern National Insurance v. Trimble
green
2 sentences1934VI, Amendment of 1884, Sec. 6, Constitution of Missouri; State ex rel. v. Haid, 323 Mo. 9 , 18 S.W.2d 478 , 480; State ex rel. v. Reynolds, 287 Mo. 169 , 174, 229 S.W. 1057 ; State ex rel. v. Reynolds, 289 Mo. 506 , 514, 233 S.W. 483 .] And in determining that question this court will take as true and consider only the facts as found and stated by the Court of Appeals. [State ex rel. v. Smith (Mo.), 43 S.W.2d 1054 , 1057; State ex rel. v. Trimble, 323 Mo. 458 , 20 S.W.2d 46 , 51.] We cannot, however, shut our eyes to the fact that the case in the Court of Appeals in which was rendered the opin 1934VI, Amendment of 1884, Sec. 6, Constitution of Missouri; State ex rel. v. Haid, 323 Mo. 9 , 18 S.W.2d 478 , 480; State ex rel. v. Reynolds, 287 Mo. 169 , 174, 229 S.W. 1057 ; State ex rel. v. Reynolds, 289 Mo. 506 , 514, 233 S.W. 483 .] And in determining that question this court will take as true and consider only the facts as found and stated by the Court of Appeals. [State ex rel. v. Smith (Mo.), 43 S.W.2d 1054 , 1057; State ex rel. v. Trimble, 323 Mo. 458 , 20 S.W.2d 46 , 51.] We cannot, however, shut our eyes to the fact that the case in the Court of Appeals in which was rendered the opin | 1 | 1934–1934 |
Commonwealth Trust Co. v. DuMontimer
green
2 sentences1934Louis Union Trust Co., 197 Mo. 281 , 291, 94 S.W. 890 .] Each claimant was required to and did by way of interplea assert his claim to the fund, occupying the position of a plaintiff with the burden on each to support his claim or have his interplea dismissed. [33 C.J. 459; Commonwealth Trust Co. v. Du Mortimer, 193 Mo. App. 290 , 299, 183 S.W. 1137 .] In such situation each claimant must stand on the strength of his own claim rather than on the weakness of a rival claim. [3] We are mindful, of course, as contended by relators, that in this present proceeding our province is solely to determin 1934Louis Union Trust Co., 197 Mo. 281 , 291, 94 S.W. 890 .] Each claimant was required to and did by way of interplea assert his claim to the fund, occupying the position of a plaintiff with the burden on each to support his claim or have his interplea dismissed. [33 C.J. 459; Commonwealth Trust Co. v. Du Mortimer, 193 Mo. App. 290 , 299, 183 S.W. 1137 .] In such situation each claimant must stand on the strength of his own claim rather than on the weakness of a rival claim. [3] We are mindful, of course, as contended by relators, that in this present proceeding our province is solely to determin | 1 | 1934–1934 |
Brownwell & Wight Car Co. v. Barnard
neutral
1 sentence1903Car Co. v. Barnard, 139 Mo. 142 ; Graham Paper Co. v. Morton B. | 1 | 1903–1903 |
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.