77 Mo. 641 | Mo. | 1883
Plaintiff sued defendants for damages for the seizure by them of a stock of groceries, and, also, for taking possession of the store-room in which he conducted his business, and withholding from him the possession thereof for a period of five days, to the destruction of his said business. The answer was a general denial, and also set up, specially, that Winfrey, one of the defendants, as sheriff of Carroll county, seized the goods under writs of attachment, in favor of the other defendants, against D. Meyers & Co., and as the property of said firm. The replication denied the firm’s ownership of the goods. The seizure of the goods by the sheriff under the attachment,' was admitted; and it was proved that plaintiff purchased the goods of D. Meyers & Co. before the attachments were issued. There was sufficient evidence tending to prove the sale fraudulent, to warrant the court in submitting the question of fraud to the jury.
Such of defendants’ other refused instructions as asserted correct legal propositions, were embraced in those given, and others were objectionable as comments upon evidence. As the cause will be remanded for another trial, it is proper to suggest that the verdict, if for plaintiff, should specify on which count of the petition it is found. The judgment is reversed and the cause remanded.