King v. Moon
Supreme Court of Missouri
Error to Second District Court. I. This being a suit in equity, the District Court should have reviewed the evidence in the cause. The errors o£ the Circuit Court were sufficient to justify it in reversing the judgment. The issues involved in the cause having been submitted to a jury by the Circuit Court, and the jury failing to agree and having been discharged, the trial was then at an end, and the cause should have been continued.
Read the full summary
Error to Second District Court. I. This being a suit in equity, the District Court should have reviewed the evidence in the cause. The errors o£ the Circuit Court were sufficient to justify it in reversing the judgment. The issues involved in the cause having been submitted to a jury by the Circuit Court, and the jury failing to agree and having been discharged, the trial was then at an end, and the cause should have been continued. The court, therefore, had no authority to render judgment in the cause without another trial, unless the parties had in express terms waived their right to a…
1Opinion of the CourtWagner, Judge
This was a suit, in the nature of a bill in equity, brought by the plaintiff, King, to set aside a deed made by William H. Moon, one of the defendants, to his brother Thomas Moon, on the 27th day of December, 1860, conveying about two hundred and fifteen acres of land lying in Jefferson county. The claim to relief is based on the assumption "that the conveyance ivas fraudulent, and made by W. II. Moon to his brother with intent to hinder, delay, and defraud his creditors. On t)ie trial in the Circuit Court a jury was impaneled and issues framed submitting to their consideration the question…
2Cases cited2 opinions
- Jackson ex. rel. Cadwell v. KingNew York Supreme Court · 1825
- Dallam v. RenshawSupreme Court of Missouri · 1858
3Cited by11 opinions
- Wimberly v. WinstockSupreme Court of Oklahoma · 1915
- Brooks v. GarnerSupreme Court of Oklahoma · 1908
- Livesay's Ex'r v. BeardWest Virginia Supreme Court · 1883
- State v. WatsonSupreme Court of Missouri · 1888
- Guinan v. ReaddySupreme Court of Oklahoma · 1920
6 more not listed; retrieve them via the Exa API.