Schmieding v. Doellner
Missouri Court of Appeals
Appeal from the Sfc. Louis Circuit Court, Lindley, J. Where some general principle of law has been manifestly decided incorrectly the first time, or injustice to the rights of the parties would be done by adhering to the first opinion, the same case may be open for re-examination.— Chambers v. Smith, 30 Mo. 156; Boone v. Shackleford, 66 Mo. 493. The annuity bond sued on is void, as against public policy. — 1 Bishop on Mar. & Div., sect. 631; 2 Bishop on Mar. & Div., sects.…
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Appeal from the Sfc. Louis Circuit Court, Lindley, J. Where some general principle of law has been manifestly decided incorrectly the first time, or injustice to the rights of the parties would be done by adhering to the first opinion, the same case may be open for re-examination.— Chambers v. Smith, 30 Mo. 156; Boone v. Shackleford, 66 Mo. 493. The annuity bond sued on is void, as against public policy. — 1 Bishop on Mar. & Div., sect. 631; 2 Bishop on Mar. & Div., sects. 335-337, 350, 351, 435, 536; 8pe<¡k v. Dausman, 7 Mo. App. 165; Belden v. Munger, 5 Minn. 211; Moon’s Guard v. Baum, 58…
1Opinion of the CourtBakewell, J.
In January, 1865, Henry Doellner began proceedings against his wife Meta, the cestui que trust of the plaintiff, for divorce. After an interlocutory judgment in his favor, *230a bond was executed between Henry Doellner and the plaintiff, by which Henry Doellner bound himself to pay to Meta, during her natural life, $325 per annum, in quarterly instalments. This was secured by a deed of trust on real estate of Henry Doellner, which provides that, in case of default, the trustee shall sell, and then invest the net proceeds, and out of the interest of the said sum, so far as it will go, pay to Meta…
2Cases cited1 opinion
- Schmieding v. DoellnerMissouri Court of Appeals · 1881
3Cited by3 opinions
- Stevens v. StevensSupreme Court of Missouri · 1903
- Elms Realty Co. v. WoodSupreme Court of Missouri · 1920
- Title & Trust Co. v. United States Fidelity & Guaranty Co.Oregon Supreme Court · 1931