Kimm v. Weippert
Supreme Court of Missouri
Error to Second District Court. cited in argument ■ Coates v. Robinson, 10 Mo. 757; Whitesides v. Cannon and Wife, 23 Mo. 457 ; Claflin v. Yan Wagoner, 32 Mo. 252 ; 2 Sto. Eq., §§ 1400-1; 2 Rop. Husb. & Wife, 246; Hulme v. Tenant, 1 Bro. C. 0. Id and note ; Jaques v. M. E. Church, 17 Johns. 581. I. The Circuit Court below erred manifestly in rendering judgment against Eliza Weippert upon the merits of the case.
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Error to Second District Court. cited in argument ■ Coates v. Robinson, 10 Mo. 757; Whitesides v. Cannon and Wife, 23 Mo. 457 ; Claflin v. Yan Wagoner, 32 Mo. 252 ; 2 Sto. Eq., §§ 1400-1; 2 Rop. Husb. & Wife, 246; Hulme v. Tenant, 1 Bro. C. 0. Id and note ; Jaques v. M. E. Church, 17 Johns. 581. I. The Circuit Court below erred manifestly in rendering judgment against Eliza Weippert upon the merits of the case. (1) She had not such a power of disposition over her separate property as to empower her to create charges on the same by the execution of promissory notes. It requires the general and…
1Opinion of the CourtWag-NER, Judge
It will be unnecessary to notice in detail the preliminary question raised in regard to the pleadings in this case. That the petition, tested by the rules of scientific pleading, is badly drawn, is unquestionable. But, as the court disregarded that part of it which prayed judgment on the notes, and tried the cause solely on the equities, we are inclined to treat it simply as a petition in equity; and we think that justice will be subserved and the interests of the parties promoted by examining the case upon its merits. The proceeding was in the nature of a bill in equity, to subject the…
2Cases cited13 opinions
- Yale v. . DedererNew York Court of Appeals · 1858
- Jaques v. Trustees of the Methodist Episcopal ChurchCourt for the Trial of Impeachments and Correction of Errors · 1820
- Yale v. . DedererNew York Court of Appeals · 1860
- Lancaster v. DolanSupreme Court of Pennsylvania · 1829
- Dyett v. North American Coal Co.New York Supreme Court · 1838
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3Cited by25 opinions
- Garland v. SmithSupreme Court of Missouri · 1901
- Metropolitan Bank v. TaylorSupreme Court of Missouri · 1876
- Radford v. CarwileWest Virginia Supreme Court · 1879
- Dollner, Potter & Co. v. SnowSupreme Court of Florida · 1877
- Turner v. ShawSupreme Court of Missouri · 1888
20 more not listed; retrieve them via the Exa API.