State ex rel. Waggoner v. Lichtman
Missouri Court of Appeals
Appeal from Pemiscot Circuit Court. — Eon. Eem-y G. Riley, Judge. The court erred in giving instruction number two for and on behalf of the relator, over the objection and exception of appellants at the time.
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Appeal from Pemiscot Circuit Court. — Eon. Eem-y G. Riley, Judge. The court erred in giving instruction number two for and on behalf of the relator, over the objection and exception of appellants at the time. This instruction simply told the jury that Leichtman, Goodman & Company could not recover from Waggoner on their counterclaim unless the same was in excess of the amount of his exemptions. 'Conceding that relato,r should recover in this case, which is done only for argument’s sake, appellant in that event would have the right to set off whatever amount was due them from relator. State ex…
1Opinion of the CourtReynolds, P. J.
This is the third appearance of this case in the appellate courts, all being appeals by defendants from a judgment in favor of plaintiff, more properly-relator. The first appeal being prosecuted to our court, the judgment was reversed and *227the cause remanded. [See State ex rel. Waggoner, Respondent, v. Lichtman-Goodman & Company et a!., 131 Mo. App. 65, 109 S. W. 819.] It was again tried, and again resulting in a judgment in favor of relator, was appealed to our court. We transferred it to the Springfield Court of Appeals under what was supposed to be the law authorizing transfers. The…
2Cases cited4 opinions
- Caldwell v. RyanSupreme Court of Missouri · 1908
- State ex rel. Hinde v. United States Fidelity & Guaranty Co.Missouri Court of Appeals · 1909
- State ex rel. Waggoner v. LeichtmanMissouri Court of Appeals · 1910
- State ex rel. Waggoner v. Lichtman-Goodman & Co.Missouri Court of Appeals · 1908
3Cited by1 opinion
- Cox v. Frank L. Schaab Stove & Furniture Co.Supreme Court of Missouri · 1933