Donovan v. Gibbs
Supreme Court of Missouri
Appeal from Dent Circuit Court. — Mon. L. B. Wood-side, Judge. (1) Under See. 2298, R. S. 1909, just as soon as the defendant entered his voluntary appearance and filed his answer to the merits, the writ of attachment was ipso facto dissolved; the declaration of law requested by ’ the plaintiff should have been given by the court.
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Appeal from Dent Circuit Court. — Mon. L. B. Wood-side, Judge. (1) Under See. 2298, R. S. 1909, just as soon as the defendant entered his voluntary appearance and filed his answer to the merits, the writ of attachment was ipso facto dissolved; the declaration of law requested by ’ the plaintiff should have been given by the court. It defines the phrase “as of course” and gives it almost the same meaning as the phrase “ipso facto .” The definition of this phrase is the pivotal question in the case at bar. “The phrase ‘of course’ is defined as follows: That which may be done in the course of…
1Opinion of the CourtBlair, J.
— This is a suit under section 2535, Revised Statutes 1909, to adjudge and quiet title to lot two of the northwest quarter and the north half of lot two of the southwest quarter of section 31, township 35 north, of range 5 west, in Dent County. The Dent Circuit Court rendered judgment for defendant, and this appeal followed. B. P. Vickery is the agreed common source of title. Appellant claims through mesne conveyances from B. P. Vickery, having obtained a deed in September, 1909. Respondent claims title under deed from Stephens and. Horsman, whose title depended upon the validity of a sale…
2Cases cited1 opinion
- Stoddard v. TreadwellCalifornia Supreme Court · 1865
3Cited by4 opinions
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- CS Foreman Company v. HB Zachry CompanyDistrict Court, W.D. Missouri · 1955
- Mesendieck Grain Co. v. FalzMissouri Court of Appeals · 1932
- Pitman v. WestMissouri Court of Appeals · 1917