Legal Opinion

Baum v. Stephenson

Missouri Court of Appeals

Decided October 20, 1908PublishedCited by 4 opinions

Appeal from St. Louis City Circuit Court. — Eon. Jas. K. Kmeaty, Judge. (1) The denial of the right of trial by jury was error. This proposition is not open to dispute, if the action was properly one of law. Mo. Const., art. II, sec. 28; Rogan v. McCoy, 29 Mo. 356; Donovan v. Barnett, 27 Mo. App. 460; Hardware Co. v. Wolter, 91 Mo. 484; New Harmony Lodge v. Railroad, 100 Mo. App. 407. (2) Under the facts pleaded and proven there was never any partnership between the parties.

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Appeal from St. Louis City Circuit Court. — Eon. Jas. K. Kmeaty, Judge. (1) The denial of the right of trial by jury was error. This proposition is not open to dispute, if the action was properly one of law. Mo. Const., art. II, sec. 28; Rogan v. McCoy, 29 Mo. 356; Donovan v. Barnett, 27 Mo. App. 460; Hardware Co. v. Wolter, 91 Mo. 484; New Harmony Lodge v. Railroad, 100 Mo. App. 407. (2) Under the facts pleaded and proven there was never any partnership between the parties. Musser v. Brink, 68 Mo. 242; Donnell v. Harshe, 67 Mo. 170. (3) There is no joint agency, for the record shows that…

1Opinion of the CourtBland, P. J.

Omitting captions and signatures, the pleadings are as follows:

Petition.

“Plaintiff states that prior to the month of November, 1890, plaintiff and defendant had been associated together in business for several years; that between the years 1884 and 1889 he and the said defendant had been engaged as partners in the practice of law at the city of Shelbyville, in the State of Illinois.
“That in or about the month of November, 1897, plaintiff and defendant agreed to form a partnership for the purpose of obtaining or controlling a right of way between the cities of East St. Louis and Belleville, in…

2Cases cited3 opinions

  1. Whetstone v. ShawSupreme Court of Missouri · 1879
  2. Van Raalte v. EpsteinSupreme Court of Missouri · 1907
  3. Donovan v. BarnettMissouri Court of Appeals · 1887

3Cited by4 opinions

  1. Fish v. FishMissouri Court of Appeals · 1957
  2. Temm v. TemmSupreme Court of Missouri · 1945
  3. Sheldon v. LittleSupreme Court of Vermont · 1940
  4. Mundhenke v. HolmSouth Dakota Supreme Court · 2010

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