Hoeller v. Haffner
Supreme Court of Missouri
Appeal from Gasconade Circuit Court. — Hon. P. Steele Byers, Special Judge. (1) "While deference is shown to the decision of the circuit judge, an equity case appealed is practically for hearing in the appellate court, and will be considered as if it had originated there, and was to be heard for the first time.
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Appeal from Gasconade Circuit Court. — Hon. P. Steele Byers, Special Judge. (1) "While deference is shown to the decision of the circuit judge, an equity case appealed is practically for hearing in the appellate court, and will be considered as if it had originated there, and was to be heard for the first time. Blount v. Spratt, 113 Mo. 48; Lins v. Leonhardt, 127 Mo. 271; Warren v. Ritchie, 128 Mo. 311; Morey v. Staley, 54 Mo. 419. (2) And the appellate court will review both the law and the facts. Eeltón v. Gregory, 104 Mo. 488; Knapp v. Knapp, 127 Mo. 53. (3) And if the finding of the trial…
1Opinion of the CourtMarshall, J.
This is a proceeding in equity to divest the title to lots 18, 20, 22 and 24 on West 5th Street, in the town of Hermann, out of the defendant Martha Haffner, wife of Julius Haffner, and vest it in the plaintiff.
The facts developed on the trial are these: Julius Haffner became indebted to the plaintiff prior to March, 1892, and on the 13th day of April, 1896, he obtained judgment against Julius Haffner, in the circuit court of Gasconade county, for $703.95, and caused the execution issued thereon to be levied by the sheriff on this property and at the execution sale he became the purchaser…
2Cases cited4 opinions
- Blount v. SprattSupreme Court of Missouri · 1892
- Dunn v. McCoySupreme Court of Missouri · 1899
- Warren v. RitchieSupreme Court of Missouri · 1895
- Drosten v. MuellerSupreme Court of Missouri · 1890
3Cited by5 opinions
- Castorina v. HerrmannSupreme Court of Missouri · 1937
- State ex rel. Guinan v. JarrottSupreme Court of Missouri · 1904
- State ex rel. Priddy v. GibsonSupreme Court of Missouri · 1904
- St. Francis Mill Co. v. SuggSupreme Court of Missouri · 1902
- Myers v. SchuchmannSupreme Court of Missouri · 1904