Blasland - Parcels - Jordon Shoe Co. v. Hicks
Missouri Court of Appeals
Appeal from the Mississippi Circuit Court. — Hon. Henry C. Riley, Judge. The court should have sustained the motion for-security for costs. R. S. 1889, sec. 2916. The court should have granted plaintiff’s request to send the case to Madison county, upon the application for change of venue, that county being most convenient to plaintiff.
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Appeal from the Mississippi Circuit Court. — Hon. Henry C. Riley, Judge. The court should have sustained the motion for-security for costs. R. S. 1889, sec. 2916. The court should have granted plaintiff’s request to send the case to Madison county, upon the application for change of venue, that county being most convenient to plaintiff. R. S. 1889, sec. 2262. It was an evident abuse of judicial discretion, under the circumstances of this ease, for the court to overrule the application, and its action will be reviewed by the appellate court. State v. Maddox, 117 Mo. 667, 681; Barnum v. Adams,…
1Opinion of the CourtBland, P. J.
Plaintiff in error brought suit by attachment in the Cape Girardeau circuit court against Edward Hicks, and a levy of the attachment was made upon a stock of merchandise as the property of Hicks found in a store house in the town of Jackson in said county, known as the “Chicago Store.” Defendant in error, Hilig, interpleaded for the goods, claiming to 'be the owner. A change of the venue was taken on his application, and the cau^e as to the interplea was sent to Mississippi county, where upon a trial the issues were found for the interpleader, Hilig. Hicks and Hilig came from the state of…
2Cases cited7 opinions
- Vawter v. HultzSupreme Court of Missouri · 1892
- State v. MaddoxSupreme Court of Missouri · 1893
- R. L. McDonald & Co. v. Cash & HaindsMissouri Court of Appeals · 1894
- State v. WhelehonSupreme Court of Missouri · 1890
- Robertson v. TapleyMissouri Court of Appeals · 1892
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3Cited by4 opinions
- Tower v. PauleyMissouri Court of Appeals · 1898
- Gaisell v. JohnstonWashington Supreme Court · 1912
- Swift & Co. v. C. B. Scott & Co.Missouri Court of Appeals · 1914
- St. Louis, Iron Mountain & Southern Railway Co. v. StewartSupreme Court of Missouri · 1907