State ex rel. Smythe v. Kane
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Coiort. — Hon. James E. Withrow, Judge (1) Plaintiff was not the head of a family. Murdoch r>. JDalby, 13 Mo. App. 47; State v. Finn, 8 Mo. App. 264. (2) The testimony of the witnesses and the •circumstances of corroboration establishing the waiver by plaintiff were so complete and cogent that the judgment should not stand. Reid v. Ins. Co., 58 Mo. 421. (1) Smythe was the head of the family.
Read the full summary
Appeal from the St. Louis City Circuit Coiort. — Hon. James E. Withrow, Judge (1) Plaintiff was not the head of a family. Murdoch r>. JDalby, 13 Mo. App. 47; State v. Finn, 8 Mo. App. 264. (2) The testimony of the witnesses and the •circumstances of corroboration establishing the waiver by plaintiff were so complete and cogent that the judgment should not stand. Reid v. Ins. Co., 58 Mo. 421. (1) Smythe was the head of the family. Thompson on Homestead & Exemption, secs. 59 and 60; Wade v. Jones, 20 Mo. 75 ; Comumghton v. Sands, 32 Wis. 391; Parson v. Livingston, 11 Iowa, 226. It was a…
1Opinion of the CourtRombauer, P. J.
The suit is one against a constable' and his surety on his official bond. The cause of action stated in the petition is that the defendant constable, in levying an execution upon plaintiff’s goods, failed to advise him of his right of exemptions under sections 2342, 2343 and 2346 of the Revised Statutes of 1879, and did sell the property, whereby it became lost to the plaintiff, who was at the time the head of a family, and a resident of this state. The defendant’s answer contains a general denial, and an affirmative defense to the effect that the-defendant constable did notify the plaintiff,…
2Cases cited5 opinions
- Wade v. JonesSupreme Court of Missouri · 1854
- Homes v. CorbinMissouri Court of Appeals · 1886
- Breeden's Administrator v. FeurtSupreme Court of Missouri · 1879
- Brown v. HoffmeisterSupreme Court of Missouri · 1880
- Murdock v. DalbyMissouri Court of Appeals · 1882
3Cited by8 opinions
- Broyles v. CoxSupreme Court of Missouri · 1899
- Ridenour-Baker Grocery Co. v. MonroeSupreme Court of Missouri · 1897
- Elliot v. ThomasMissouri Court of Appeals · 1912
- Wentz v. Chicago, Burlington & Quincy RailroadSupreme Court of Missouri · 1914
- Rolator v. KingSupreme Court of Oklahoma · 1903
3 more not listed; retrieve them via the Exa API.