Meredith v. Wilkinson
Missouri Court of Appeals
Appeal from the Perry Circuit Court, Hon. James D. Pox, Judge. The verdict is so utterly at variance with common sense, so opposed to the weight of evidence, so against the manifest truth of the matter, so opposed to the law, even as declared by the trial court, that it must have been the result of caprice, prejudice, passion, or some other cause other than a conviction that appellants acted in bad faith in purchasing the property, and it should not be permitted to stand.
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Appeal from the Perry Circuit Court, Hon. James D. Pox, Judge. The verdict is so utterly at variance with common sense, so opposed to the weight of evidence, so against the manifest truth of the matter, so opposed to the law, even as declared by the trial court, that it must have been the result of caprice, prejudice, passion, or some other cause other than a conviction that appellants acted in bad faith in purchasing the property, and it should not be permitted to stand. Spohn v. Railroad, 87 Mo. 74 ; WMtsett v. Ransom, 79 Mo. 258 ; Garrett v. Greenwell, 92 Mo. 120 ; Rothchilds v. Railroad,…
1Opinion of the CourtThompson, J.
The plaintiffs sued out two successive attachments against the property of Munson M. Wilkinson. Both were levied upon certain personalty claimed to be the property of the defendant, but found in the possession of Walter S. Wilkinson and Benjamin F. Wilkinson, who were partners doing business under the name of Wilkinson Brothers. These latter interpleaded for the property, claiming it by virtue of an absolute bill of salé, by which defendant had undertaken to convey it to them to satisfy certain indebtedness alleged to be due to them from him, and also to indemnify them as sureties on certain…
2Cases cited14 opinions
- State v. RossSupreme Court of Missouri · 1859
- State v. BarhamSupreme Court of Missouri · 1884
- State v. DuncanSupreme Court of Missouri · 1876
- Lew Weinrich & Co. v. PorterSupreme Court of Missouri · 1871
- State v. McGrawSupreme Court of Missouri · 1885
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3Cited by4 opinions
- Ross v. MajorMissouri Court of Appeals · 1914
- State ex rel. Redmon v. DurantMissouri Court of Appeals · 1893
- Hellman v. SomervilleSupreme Court of Missouri · 1908
- Henry v. OrearMissouri Court of Appeals · 1904