Pickett & Pickett v. Everett ex rel. Yallaly
Supreme Court of Missouri
ERROR to Clinton Circuit Court. I. The claimant having voluntarily suffered a non-suit, and his motion to set it aside being overruled, cannot by appeal from such a decision remove the cause into the Circuit Court. II. The demand is exhibited in the county court in the name of Yallaly, while the judgment of the Circuit Court is in favor of Everett to the use of Yallaly.
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ERROR to Clinton Circuit Court. I. The claimant having voluntarily suffered a non-suit, and his motion to set it aside being overruled, cannot by appeal from such a decision remove the cause into the Circuit Court. II. The demand is exhibited in the county court in the name of Yallaly, while the judgment of the Circuit Court is in favor of Everett to the use of Yallaly. In the county court Yallaly is the plaintiff — he exhibits the claim — prosecutes the suit — makes affidavit — executes the bond, and takes the appeal; but in the Circuit Court a new party is introduced upon the record, and…
1Opinion of the CourtScott, J.
This was a suit commenced in the county court and taken by appeal from, that court to the Circuit Court, and thence to this Court. In the county court the plaintiff took a non-suit because he was refused permission to read in evidence the bond on which suit was brought, and after an unsuccessful motion to set it aside, he appealed to the Circuit Court.
F. Wilkinson, the intestate of the plaintiffs in error, executed to Frances Wilkinson a feme sole, the bond sued on. After the execution of the bond, Frances Wilkinson, the obligee, intermarried with John Everett, and shortly thereafterwards…
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