Robinson v. Rice
Supreme Court of Missouri
Appeal from Cole Circuit Court. This was an action under tbe new practice, commenced by the widow and heirs of James F. Clendenin, against S. 0. Rice, and the heirs of Jane Lowe, and against S. 0. Rice and Perry Askens, guardians for some of said last named heirs, for the specific recovery of two slaves, named Matthew and Mary, children of a negro woman named Emily.
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Appeal from Cole Circuit Court. This was an action under tbe new practice, commenced by the widow and heirs of James F. Clendenin, against S. 0. Rice, and the heirs of Jane Lowe, and against S. 0. Rice and Perry Askens, guardians for some of said last named heirs, for the specific recovery of two slaves, named Matthew and Mary, children of a negro woman named Emily. In 1829, Joab Barton died, leaving a last will, by which he bequeathed Emily and her increase to his daughter, “Jane Lowe, wife of Charles Lowe, for and during her natural life, and after her death, to her children, in full…
1Opinion of the CourtScott, Judge
1. This is a proceeding under the 8th article of the present practice act, respecting the claim and delivery of personal property. Samuel 0. Rice is the only person complained of as committing the alleged grievance, in taking away the two slaves for whom suit is brought. This being the nature of the complaint, it is difficult to perceive why so many others were made defendants. There is certainly a misjoinder.
It has been repeatedly held that multifariousness is an objection which is not taken away by the present practice act. If the defendant, Rice, has trespassed, why keep the other parties…
2Cited by10 opinions
- Raming v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1900
- Clements v. YeatesSupreme Court of Missouri · 1879
- Ranney v. MeisenheimerMissouri Court of Appeals · 1895
- Amber v. DavisMissouri Court of Appeals · 1926
- Dougherty v. MatthewsSupreme Court of Missouri · 1865
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