Layson v. Cooper
Supreme Court of Missouri
Transferred from Kansas City Court of Appeals. (1) The motion for rehearing was properly sustained. The decision rendered by the court in this case was in conflict with the decision of the St. Louis Court of Appeals, in the case of Brinsmade v. Groll, 14 Mo. App. 444; Rider v. Culp, 68 Mo. App. 527. This case is directly in point and was rendered under a state of facts similar to the present, and has never been criticised or overruled by either of the appellate courts.
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Transferred from Kansas City Court of Appeals. (1) The motion for rehearing was properly sustained. The decision rendered by the court in this case was in conflict with the decision of the St. Louis Court of Appeals, in the case of Brinsmade v. Groll, 14 Mo. App. 444; Rider v. Culp, 68 Mo. App. 527. This case is directly in point and was rendered under a state of facts similar to the present, and has never been criticised or overruled by either of the appellate courts. (2) Defendant is estopped from pleading or proving that the title to the property in controversy was in his wife, because he…
1Opinion of the CourtValliant, J.
This is an action of replevin for 178 bushels of corn; the corn was taken under the writ, and delivered to plaintiff.
The suit was begun in a justice’s court, carried -by appeal to- the circuit court, where there was a judgment for defendant, from which the plaintiff appealed to the Kansas City Court of Appeals, where the judgment-of the circuit court was affirmed, but one of the judges of the Kansas City Court of Appeals being of the opinion that that decision was in conflict with the decision of the St. Louis Court of Appeals in Brinsmade v. Groll, 14 Mo. App. 444, the cause was certified to…
2Cases cited16 opinions
- Harriman v. StoweSupreme Court of Missouri · 1874
- Fugate v. PierceSupreme Court of Missouri · 1872
- Girard v. St. Louis Car Wheel Co.Supreme Court of Missouri · 1894
- Owen v. BrockschmidtSupreme Court of Missouri · 1873
- Wilcox v. ToddSupreme Court of Missouri · 1877
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3Cited by9 opinions
- Paris Manufacturing & Importing Co. v. CarleMissouri Court of Appeals · 1906
- Anderson v. Meyer Bros. Drug Co.Missouri Court of Appeals · 1910
- Roberts v. BartlettSupreme Court of Missouri · 1905
- Young v. GausMissouri Court of Appeals · 1908
- Reddick v. Union Electric Light & Power Co.Missouri Court of Appeals · 1922
4 more not listed; retrieve them via the Exa API.