Legal Opinion

Eddie v. Eddie

Supreme Court of Missouri

Decided April 3, 1897PublishedCited by 7 opinions

Appeal from St. Louis County Circuit Court. — Hon. Rudolph Hirzel, Judge. (1) By the record in this case the proceedings throughout were in effect entirely ex parte.

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Appeal from St. Louis County Circuit Court. — Hon. Rudolph Hirzel, Judge. (1) By the record in this case the proceedings throughout were in effect entirely ex parte. Neither at the trial nor in any of the subsequent proceedings were defendants given an opportunity to be heard upon the matter, and, although the interests of minor defendants were in issue, yet both the hearing upon the merits, upon the exceptions to report of the commissioners, and upon allowance of plaintiffs7 attorney fees, were all had in the absence of said minors and their co-defendant, Ophelia P. Eddie, and of their and…

1Opinion of the CourtMaoeaelane, J.

This suit is for the partition of several described tracts of land situate in St. Louis county. The parties are James A., John C. and Edward Eddie, sons of Thomas Eddie, deceased, plaintiffs, and Ophelia P. Eddie, widow of Henry C. Eddie, a deceased son of said Thomas Eddie, and Aubrey, Ralph and Ellis Eddie, minor children of said deceased son. No question is raised as to the title and respective interests of the parties. The petition states the rights of the parties as follows:

“That the parties hereto are entitled to all of said land hereinafter described, as follows: The said James A.…

2Cases cited2 opinions

  1. State v. JefforsSupreme Court of Missouri · 1877
  2. Saxton v. SmithSupreme Court of Missouri · 1872

3Cited by7 opinions

  1. Munday v. ThieleckeSupreme Court of Missouri · 1956
  2. Blanchard v. DormanSupreme Court of Missouri · 1911
  3. Stewart v. StewartMissouri Court of Appeals · 1955
  4. Liles v. LilesMissouri Court of Appeals · 1906
  5. Baltimore Gas & Electric Co. v. BowersCourt of Appeals of Maryland · 1989

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