70 Mo. 370 | Mo. | 1879
The plaintiff, Wooldridge brought an action in the circuit court of Chariton county, against Sidney Quinn, the defendant, to recover the possession of a stock of merchandise. Quinn retained possession of the property, giving a bond therefor as provided by law. At the November term, 1869, of said court, a trial was had and the jury returned a verdict that the plaintiff was entitled to the possession of the property sued for, and assessed its value at $788.50. The following judgment was then entered of record: “ Thereupon plaintiff elected to take the value of the property so assessed. It is, therefore, considered, ordered and adjudged by the. court that plaintiff recover against said defendant, Sidney Quinn, and E. A. Holcomb, G. S. Quinn, M. R. Williams, Sarah B. Quinn, Robert H. Quinn, George Draper, G. M. Quinn, James W. Barnes and. Thomas Ferguson, as his securities, the sum
At the May term, 1874, the plaintiff filed a motion to correct said judgment, tor the reason that the judgment' entered was not authorized by. the statute, and that the • court should have rendered judgment for a return of the property, or that defendant pay the assessed value thereof at plaintiff’s election. On the hearing of this motion at the'May term, 1876, the plaintiff read in evidence the minutes made by the clerk in the case, in which the verdict of the jury was followed by the entry, “plaintiff elects to take the money.” The defendant introduced the clerk of the court, who testified that upon the rendition of the verdict, the plaintiff, in open court, elected to take the value of the property. The defendant also introduced testimony showing that Qumn was insolvent, and that the goods in controversy had long since been disposed of by him. Thereupon the court sustained the motion and rendered a judgment that the defendants return the property or that they pay the assessed value thereof, at plaintiff’s election. The defendants excepted to this action of the .court, and have brought the case here by writ of error.: