State ex rel. Grabinsky v. Smit
Missouri Court of Appeals
Appeal from the St. Louis Circuit Court, George W. Lubke, Judge. Whatever personal property belonged to the wife before manage, is by the marriage • absolutely vested in the husband. 2 Bl. Com., Cooley’s ed. 433; 2 Kent, Com., 12 ed. 143; Woodford v. Stephens, 51 Mo.” 443 ; Walker v. Walker, 25 Mo. 367. Evidence of a separate estate must be clear, positive, and free from taint.
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Appeal from the St. Louis Circuit Court, George W. Lubke, Judge. Whatever personal property belonged to the wife before manage, is by the marriage • absolutely vested in the husband. 2 Bl. Com., Cooley’s ed. 433; 2 Kent, Com., 12 ed. 143; Woodford v. Stephens, 51 Mo.” 443 ; Walker v. Walker, 25 Mo. 367. Evidence of a separate estate must be clear, positive, and free from taint. Holthaus v. Hornbostle, 60 Mo. 440; Fisk v. Wright, 47 Mo. 351. It was not shown that the property claimed by Mary Grabinsky was her separate property; and a married woman can only have an agent for her separate…
1Opinion of the CourtThompson, J.
This was an action upon an indemnifying bond given under the sheriff and marshal’s act applicable to St. Louis. The petition recites the rendition of two judgments against Max Grabinsky by a justice of thé peace in favor of the principal defendants herein ; the levy by a constable of executions, issued under such judgments upon certain personal property ; a claim of the same by Mary Grabinsky, this plaintiff, and the execution of an indemnifying bond to her under the statute, setting out the condition of the bond in hcec verba. The answer admits the rendition of the judgments, the levies of…
2Cases cited10 opinions
- McCoy v. HyattSupreme Court of Missouri · 1883
- Bradley v. HollowaySupreme Court of Missouri · 1859
- State ex rel. Goldsoll v. Chatham National BankSupreme Court of Missouri · 1883
- Eichelmann v. WeissMissouri Court of Appeals · 1879
- Kidwell v. KirkpatrickSupreme Court of Missouri · 1879
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3Cited by5 opinions
- Dodge v. United StatesCourt of Appeals for the Second Circuit · 1919
- Bethel v. BailyMissouri Court of Appeals · 1889
- Long Ex Rel. Dunn v. RobinsonMissouri Court of Appeals · 1926
- McCord v. Doniphan Branch RailroadMissouri Court of Appeals · 1886
- Smith ex rel. Cabiness v. WhiteMissouri Court of Appeals · 1892