Trimble v. Wollman
Missouri Court of Appeals
Appeal from the Jackson Circuit Court. — Hon. E. L. Soaehitt, Judge. STATEMENT BY GILL, J. This is a suit in equity, based on a complication of facts, and which may be fairly well understood by reference to the pleadings, a synopsis of which we take from the brief of appellant’s counsel.
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Appeal from the Jackson Circuit Court. — Hon. E. L. Soaehitt, Judge. STATEMENT BY GILL, J. This is a suit in equity, based on a complication of facts, and which may be fairly well understood by reference to the pleadings, a synopsis of which we take from the brief of appellant’s counsel. The plaintiff alleged, in his petition, that he was, on the third day of July, 1891, the owner of ten shares of the capital stock of the defendant bank, of the par value of $100 each; that, on that day, Richard T. Breese stole the certificate therefor from the plaintiff, and, without his consent or knowledge,…
1Opinion of the CourtGill, J.
Counsel for respondent Wollman raise the question as to the sufficiency of the appellant’s abstract, and it must be held that the objection is well taken. As will be seen from the foregoing statement, this is a suit in equity, of triangular interests, and involves the decision of several questions' of fact and law. And, being an equity action, it is made our duty to consider the entire evidence, pass upon issues of fact, and apply the law thereto. In chancery cases, the hearing on appeal may not improperly be termed a trial de novo. The appellate court ought, as near as may be, to be put in…
2Cases cited8 opinions
- Brand v. CannonSupreme Court of Missouri · 1893
- Garrett v. Kansas City Coal Mining Co.Supreme Court of Missouri · 1892
- Goodson v. Wabash, St. Louis & Pacific Railway Co.Missouri Court of Appeals · 1886
- Nichols v. NicholsMissouri Court of Appeals · 1890
- State ex rel. Allen v. Judges of the St. Louis Circuit CourtSupreme Court of Missouri · 1867
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3Cited by4 opinions
- Vanfrank v. St. Louis, Cape Girardeau & Ft. Smith Railway Co.Missouri Court of Appeals · 1901
- Wilds v. German InsuranceMissouri Court of Appeals · 1896
- Ross v. RossMissouri Court of Appeals · 1900
- State ex rel. Morris v. FieldsMissouri Court of Appeals · 1899