Hemelreich v. Carlos
Missouri Court of Appeals
Error to Cooper Circuit Court, Hon. T. M. Rice, Special Judge. The case is stated in the opinion. I. The court erred in rendering a personal judgment against plaintiff (who is a married woman), and her sureties jointly. The judgment is an entirety and is a nullity, and must be reversed as to all. Hoi ten ¶. Power, 81 Mo. 360; Holt Co. v. Harmon, 59 Mo. 165; Pecker v. Silver, 3 Mo. App. 586. The act of 1883 only extends her liability to costs.
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Error to Cooper Circuit Court, Hon. T. M. Rice, Special Judge. The case is stated in the opinion. I. The court erred in rendering a personal judgment against plaintiff (who is a married woman), and her sureties jointly. The judgment is an entirety and is a nullity, and must be reversed as to all. Hoi ten ¶. Power, 81 Mo. 360; Holt Co. v. Harmon, 59 Mo. 165; Pecker v. Silver, 3 Mo. App. 586. The act of 1883 only extends her liability to costs. Laws of Mo., 1883, p. 113; Caldwell v. Stephens, 57 Mo. 589; Ins. Co. Case, 71 Mo. 465; Asbury v. Odell, 83 Mo. 264. And this, court has no power to…
1Opinion of the CourtPhilips, P. J.
This is an action of replevin, instituted in the Moniteau circuit court, and tried on change of venue in the Cooper circuit court, before Hon. T. M. Rice, sitting as special judge. The action is for the recovery of a stock of goods, merchandise, etc. Petition in the usual form. The answer tendered the general issue, and pleaded that the defendant, as sheriff of Moniteau county, under a writ of execution issued on a *269judgment from the circuit court of said county ' in favor of-, against Morris Hemelreich,. had seized said goods as the property of said defendant in execution. It then alleged…
2Cases cited14 opinions
- Jackson v. HardinSupreme Court of Missouri · 1884
- Gregory v. ChambersSupreme Court of Missouri · 1883
- Mueller v. KaessmannSupreme Court of Missouri · 1884
- Weil v. SimmonsSupreme Court of Missouri · 1877
- McCoy v. HyattSupreme Court of Missouri · 1883
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3Cited by4 opinions
- Vogt v. ButlerSupreme Court of Missouri · 1891
- McClain v. AbshireMissouri Court of Appeals · 1895
- Witte Iron Works v. HolmesMissouri Court of Appeals · 1895
- Walker v. OwensMissouri Court of Appeals · 1887