Langsdorf v. Field
Supreme Court of Missouri
Appeal from St. Louis Law Commissioner’s Court. This was an action of- attachment brought by Langsdorf & Rosenstein against one William Meirand, and certain goods in his possession were levied upon, and Field Bros, claimed them by interpleader. The suit was originally brought before justice G-rether, and was appealed to the Law Commissioner’s Court, and there tried.
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Appeal from St. Louis Law Commissioner’s Court. This was an action of- attachment brought by Langsdorf & Rosenstein against one William Meirand, and certain goods in his possession were levied upon, and Field Bros, claimed them by interpleader. The suit was originally brought before justice G-rether, and was appealed to the Law Commissioner’s Court, and there tried. On the trial, it was shown that on the afternoon of the 7th day of January, 1861, William B. Field, one of the claimants, with two clerks, went to the stor.e of William Meirand, who was indebted to Field Bros., and took an…
1Opinion of the CourtWagner, Judge
We see no error in the ruling of the court excluding the declaration of Meirand; for aught that appears, he was a competent witness, and if his evidence was desired he should have been called on to testify. There was no evidence offered on behalf of the interpleaders to show a positive sale and delivery of the goods, though there was some evidence from which the jury might have deduced and inferred such sale, &c. The act of the parties in ordering the sheriff to levy on the goods under the judgment they had obtained against the defendant in the attachment, was a circumstance going strongly to…
2Cited by2 opinions
- Whimster v. HolmesMissouri Court of Appeals · 1914
- Anchor Milling Co. v. WalshMissouri Court of Appeals · 1885