Cunningham v. Prusansky
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court.—Hon. James E. Withrow, Judge. The ruling of the court below, requiring the appellant to first exercise his right of peremptory challenge in the trial of the interplea was reversible error. R. S. see. 6081; State v. Steeley, 65 Mo. 222 and 223; followed in State v. Begonia, 69' Mo. 485; Brownell and Wight Có. v. Barnard, 116 Mo. 670; Beering v. Collins, 38 Mo. App. 73; Spooner, v. Boss, 24 Mo. App. 399; 'State v. Barker, 26 Mo.
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Appeal from the St. Louis City Circuit Court.—Hon. James E. Withrow, Judge. The ruling of the court below, requiring the appellant to first exercise his right of peremptory challenge in the trial of the interplea was reversible error. R. S. see. 6081; State v. Steeley, 65 Mo. 222 and 223; followed in State v. Begonia, 69' Mo. 485; Brownell and Wight Có. v. Barnard, 116 Mo. 670; Beering v. Collins, 38 Mo. App. 73; Spooner, v. Boss, 24 Mo. App. 399; 'State v. Barker, 26 Mo. App. 487; Claflin v. ■ Sommers, 39 Mo. App. 414;' Teichman Commission Co. v. Bank, 27 Mo. App. 676;. Meyberg v. Jacobs, 40…
1Opinion of the CourtBond, J.
Patrick J. Cunningham brought an attachment suit against Isaac Prusansky, and caused the writ to be levied upon certain personal property in the possession of one Elix G-oldstein, who thereupon claimed the same by a statutory interplea. Cunningham filed his answer to said interplea, alleging that the interpleader’s claim to the property in question was based on a fraudulent sale to him of the attached property. The interpleader filed a reply denying the averments of said answer. Upon the issues thus framed the cause came on for trial, whereupon the court called upon said Cunningham to…
2Cases cited6 opinions
- State v. TaylorSupreme Court of Missouri · 1893
- Clark v. FairleyMissouri Court of Appeals · 1888
- Nelson Distilling Co. v. HubbardMissouri Court of Appeals · 1893
- State v. DegoniaSupreme Court of Missouri · 1879
- State v. LakeySupreme Court of Missouri · 1877
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Waters-Pierce Oil Co. v. American Exchange BankMissouri Court of Appeals · 1897