Keith v. Wilson
Supreme Court of Missouri
Appeal from Boon Circuit Court. 1st. T/io proceeding in tho name of Wilson ought to have been dismissed, because it was commenced and carried on ■without his authority, knowled j;e or consent. M’Alexander vs Wright 3, Monroo Rep. 189. Robison vs Eaton, 1. term Rep. 62, opinion of justice I'an-Ness in Denton vs Noyes. C. John, Rep. 306 and cases there cited. 2nd. Alison ought not to have been excluded as a witness Parker vs M’William 19, Eng. Com.
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Appeal from Boon Circuit Court. 1st. T/io proceeding in tho name of Wilson ought to have been dismissed, because it was commenced and carried on ■without his authority, knowled j;e or consent. M’Alexander vs Wright 3, Monroo Rep. 189. Robison vs Eaton, 1. term Rep. 62, opinion of justice I'an-Ness in Denton vs Noyes. C. John, Rep. 306 and cases there cited. 2nd. Alison ought not to have been excluded as a witness Parker vs M’William 19, Eng. Com. L. R. 204. Bea-mon vs Ellice 19, Eng. Com. and R..Cond. 538. Rex vs Colly, M. and M. 399. and Rex vs Brown, both cited in note to Beamon v Ellice…
1Opinion of the Court
. Opinion of the Court by
Napton Judge.
Keith commenced an action of debt against Elisha Lambert in the Boon Circuit Court, returnable to the November term 1838, and attached, upon making the necessary affidavit, three slaves and other personal property, as the property of Lambert.
At the return term, leave was given to James Wilson to interplead in the cause, and an interplea was accordingly filed, claiming the property levied on, upon which issue was taken.
At the April term 1839, the cause was continued at the instance of Keith, and afterwards at the August term 1839, before the trial came on,…
2Cited by20 opinions
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- Roberts v. StevensSupreme Judicial Court of Maine · 1892
- Missoula Belt Line Ry. Co. v. SmithMontana Supreme Court · 1920
- State v. GesellSupreme Court of Missouri · 1894
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