Bauer Grocery Co. v. Smith
Missouri Court of Appeals
Appeal from the Pettis Circuit Court. — Hon. Geo. P. Longan, Judge. (1) The court erred in permitting defendant to testify as to the value of his stock of goods at the. time they were seized under the writ of attachment. (2) The expression “preponderance of the evidence” is not proper in an instruction, whether the case be a civil or criminal one, unless explained. State v. Heinze, 45 Mo. App. 413; Carson v. Porter, 22 Mo.
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Appeal from the Pettis Circuit Court. — Hon. Geo. P. Longan, Judge. (1) The court erred in permitting defendant to testify as to the value of his stock of goods at the. time they were seized under the writ of attachment. (2) The expression “preponderance of the evidence” is not proper in an instruction, whether the case be a civil or criminal one, unless explained. State v. Heinze, 45 Mo. App. 413; Carson v. Porter, 22 Mo. App. 185; Clark v. Kitchen, 52 Mo. 316; Milling Co. v. Walsh, 37 Mo. App. 567; Scott v. Allenbaugh, 50 Mo. App. 130. (3) We made a prima facie case by showing this…
1Opinion of the CourtEllison, J.
statement. — This case will be found reported in 61 Mo. App. 665, this being the second appeal. The action is attachment on the ground that defendant had fraudulently conveyed his property so as to hinder or delay his creditors and that he had fraudulently concealed his'property so as to hinder and delay his creditors. The contest is on the plea in abatement. The grounds of attachment relate solely to a chattel mortgage on a stock of general merchandise which defendant executed to some third parties, the mortgage being duly recorded. There is no pretense of the mortgage being fraudulent on…
2Cases cited11 opinions
- Lionberger v. BakerSupreme Court of Missouri · 1885
- Baker v. GilmanNew York Supreme Court · 1868
- Payne v. StantonSupreme Court of Missouri · 1875
- Frank v. CaruthersSupreme Court of Missouri · 1891
- Fisher v. LewisSupreme Court of Missouri · 1879
6 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Smith v. Sovereign Camp of the Woodmen of the WorldSupreme Court of Missouri · 1903
- State Ex Rel. State Highway Commission v. YoungSupreme Court of Missouri · 1929
- Swoboda v. NowakMissouri Court of Appeals · 1923
- Dodge v. KnappMissouri Court of Appeals · 1905
- State ex rel. Hadley v. Bankers Trust Co.Missouri Court of Appeals · 1911
3 more not listed; retrieve them via the Exa API.