Beatty v. Clarkson
Missouri Court of Appeals
Appeal from Boone Circuit Court. — Hon. John A. Hochaday, Judge. (1) The court erred in overruling defendant’s demurrer at the close of plaintiff’s evidence, and also at the close of all the evidence. As there was a partnership existing between plaintiff and defendant, in regard to the hogs and corn, the plaintiff’s suit could not be maintained, and the justice of the peace had no jurisdiction, as there had been no settlement'of their partnership affairs.
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Appeal from Boone Circuit Court. — Hon. John A. Hochaday, Judge. (1) The court erred in overruling defendant’s demurrer at the close of plaintiff’s evidence, and also at the close of all the evidence. As there was a partnership existing between plaintiff and defendant, in regard to the hogs and corn, the plaintiff’s suit could not be maintained, and the justice of the peace had no jurisdiction, as there had been no settlement'of their partnership affairs. Newberger v. Friede, 23 Mo. App. 631; Rankin v. Fairley, 29 Mo. App. 593. (2) As a suit between partners would be equitable in its nature,…
1Opinion
OPINION ON MOTION POE REHEARING.
BROADDUS, J.
— The appellant insists that as the plaintiff only recovered for a part of the articles of property sued for, there should have been a judgment in defendant’s favor against plaintiff and his sureties on the bond for the remaining articles replevied. The defendant was entitled to such judgment. [Updyke v. Wheeler, 37 Mo. App. 680; Ingals v. Ferguson, 138 Mo. 368; Hecht v. Heiman, 81 Mo. App. 370.]
But defendant is in no position to raise the question on his appeal. He failed to call attention to the matter in either his motion for a new trial or in…
2Cases cited3 opinions
- Ingals v. FergusonSupreme Court of Missouri · 1897
- Updyke v. WheelerMissouri Court of Appeals · 1889
- Hecht v. HeimannMissouri Court of Appeals · 1899