Vermillion v. Parsons
Missouri Court of Appeals
Appeal from Barry Circuit Court . — Hon. H. C. Pepper, Judge. Where the evidence in support of the interpleader’s claim, was sufficient to make out her claim, unim-peached, and unattended by any circumstances tending to cast suspicion on it, and there being no substantial evidence to the contrary, a verdict for the plaintiff should on appeal be set aside. It was the duty of the trial court to have sustained a motion for new trial. Lionberger v. Pohlman, 16 Mo.
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Appeal from Barry Circuit Court . — Hon. H. C. Pepper, Judge. Where the evidence in support of the interpleader’s claim, was sufficient to make out her claim, unim-peached, and unattended by any circumstances tending to cast suspicion on it, and there being no substantial evidence to the contrary, a verdict for the plaintiff should on appeal be set aside. It was the duty of the trial court to have sustained a motion for new trial. Lionberger v. Pohlman, 16 Mo. App. 392; Walton v. Railroad, 49 Mo. App. 620; Price et al v. Evans, 49 Mo. 396; Borgra.efe v. Knights of Honor, 22 Mo. App. 127. (1)…
1Opinion of the CourtGoode, J.
This is a contest between the respondent as an attaching creditor of L. C. Parsons, and Mrs. Parsons the defendant’s wife as interpleader for the attáched property, which consists largely of household furniture. The issue was whether the property belonged to Parsons and was subject to process for his debt or to his wife in her own right; and there was contradictory evidence for the jury to pass on, we think. We therefore overrule the appellant’s contention that the evidence was insufficient to support the verdict.
There was another attachment action ag;ainst Parsons wherein J. R. Williams was…
2Cases cited4 opinions
- Darrett v. DonnellySupreme Court of Missouri · 1866
- Claflin v. SommersMissouri Court of Appeals · 1890
- Wyeth Hardware Co. v. Carthage Hardware Co.Missouri Court of Appeals · 1898
- Cavin v. SmithSupreme Court of Missouri · 1855
3Cited by3 opinions
- Madden v. StegmanSupreme Court of Kansas · 1912
- Vermillion v. ParsonsMissouri Court of Appeals · 1904
- Vermillion v. ParsonsMissouri Court of Appeals · 1906