White v. Smith
Missouri Court of Appeals
Appeal from Cole Circuit Oourt. — Hon. James E. Has e ll, Judge. (1) Mrs. McKay was not the head of a family. She lived with her husband and was supported by him. Therefore the husband and not the wife was the head of the family. Brown v. Brown, 68 Mo. 388; Whitehead v. Tapp, 69 Mo. 415; Gladney v. Berkley, 75 Mo.
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Appeal from Cole Circuit Oourt. — Hon. James E. Has e ll, Judge. (1) Mrs. McKay was not the head of a family. She lived with her husband and was supported by him. Therefore the husband and not the wife was the head of the family. Brown v. Brown, 68 Mo. 388; Whitehead v. Tapp, 69 Mo. 415; Gladney v. Berkley, 75 Mo. App. 98. (2) While she could, as a married woman under section 4335, Revised Statutes, invoke the exemption laws to protect the property owned by her husband, he being the head of the family, and not having claimed his own exemptions, yet as she is not the head of a family, she can…
1Opinion of the CourtBroaddus, J.
This is a suit against defendant Smith and his securities on his bond as constable. The case was begun in a justice’s court and was tried on appeal in the circuit court where defendants prevailed and plaintiff appealed. The facts were that plaintiff had obtained a judgment before a justice against one R. H. McKay and his wife for $41.98 and that one, Peasner, as executor of a certain estate, held in his hands the sum of $50, which was a part of the wife’s distributable share in said estate, and that execution was issued against the husband and wife and said Peasner was summoned as garnishee,…
2Cases cited1 opinion
- Gladney v. BerkleyMissouri Court of Appeals · 1898
3Cited by5 opinions
- Hallauer v. LackeySupreme Court of Missouri · 1945
- Martin v. BarnettMissouri Court of Appeals · 1911
- In re DiehlDistrict Court, E.D. Missouri · 1944
- In re SoperUnited States Bankruptcy Court, W.D. Missouri · 2001
- Molly Kruse v. Jonathan R. KarlenMissouri Court of Appeals · 2024