Bohm Bros. v. Stivers
Missouri Court of Appeals
Error to the Saline- Circuit Court. — Hon. Richard Field, Judge. (1) The issues were properly framed and presented to a jury, and the jury returned a verdict in favor of the inter-plea. Then the interpleader, Iona A. Burns, was clearly entitled to a judgment for the property, or for the proceeds thereof in the hands of the sheriff. Hat Co. v. Hombs, 127 Mo. 392; Allen.v. Sales, 56 Mo. 28, 34; Engine & Thresher Co. v. Glazier, 55 Mo.
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Error to the Saline- Circuit Court. — Hon. Richard Field, Judge. (1) The issues were properly framed and presented to a jury, and the jury returned a verdict in favor of the inter-plea. Then the interpleader, Iona A. Burns, was clearly entitled to a judgment for the property, or for the proceeds thereof in the hands of the sheriff. Hat Co. v. Hombs, 127 Mo. 392; Allen.v. Sales, 56 Mo. 28, 34; Engine & Thresher Co. v. Glazier, 55 Mo. App. 95. (2) On the trial of the interplea the ownership of the attached property is the sole issue to be tried. Beck v. "Wisely, 63 Mo. App. 239. In the case at…
1Opinion of the CourtGill, J.
Bohm Brothers sued Stivers on an account and by attachment seized a small stock of merchandise then in the possession of Iona A. Burns — plaintiff claiming that the goods belonged to said defendant Stivers. Shortly after the goods were attached they were sold under order of the court, so that subsequently, when Mrs. Burns filed her inter-plea setting up her title to the property; the same had been reduced to money which was then in the custody of the court.
On the trial of the. issues made by the interplea and plaintiff’s answer thereto, the jury returned the following verdict: “We, the jury,…
2Cases cited4 opinions
- Bateson v. ClarkSupreme Court of Missouri · 1865
- Scott-Force Hat Co. v. HombsSupreme Court of Missouri · 1895
- A. A. Nicol & Co. v. Hyre & Co.Missouri Court of Appeals · 1894
- Beck v. WiselyMissouri Court of Appeals · 1895