Smith v. Egan
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Hon. Daniel D. Eisher, Judge. The circuit court had no jurisdiction to hear and determine appellants’ claims, at the time, and in the manner shown by this record. The judgment of the assignee was conclusive unless appealed from, within the time fixed by the statute. R. S. 1889, secs. 446 to 449; Eppwright v. Nicker-son, 90 Mo. 25; Nanson v. Jacob, 93 Mo. 331; Kendrick v. Mfg. Co., 60 Mo.
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Appeal from the St. Louis City Circuit Court. — Hon. Daniel D. Eisher, Judge. The circuit court had no jurisdiction to hear and determine appellants’ claims, at the time, and in the manner shown by this record. The judgment of the assignee was conclusive unless appealed from, within the time fixed by the statute. R. S. 1889, secs. 446 to 449; Eppwright v. Nicker-son, 90 Mo. 25; Nanson v. Jacob, 93 Mo. 331; Kendrick v. Mfg. Co., 60 Mo. App. 22. The circuit court can not on motion order the assignee to her creditors’ claims. If he refuses to hear them, the proper remedy is by mandamus. January…
1Opinion of the CourtBiggs, J.
In May, 1891, the Sectional Dock Company, a corporation, made a general assignment under the statute for the benefit of creditors. At the time of the assignment the appellants herein held various “time checks” issued by the company to laborers performing work within three months nest preceding the assignment. It seems that the company was unable to pay its employees in cash, and instead issued to each of them a time check, showing the number of days that the holder had worked, where he worked, and the amount due him therefor. The appellants were grocerymen. They purchased some of these checks…
2Cases cited5 opinions
- Burnham v. BowenSupreme Court of the United States · 1884
- Pratt v. AdamsNew York Court of Chancery · 1839
- Kerr v. MooreMississippi Supreme Court · 1876
- Union Trust Co. v. WalkerSupreme Court of the United States · 1883
- Mohle v. TschirchCalifornia Supreme Court · 1883