Nolan v. Johns
Missouri Court of Appeals
Appeal from Johnson Circuit Court, Hon. Noah M. Giyan, Judge. The case and facts are stated in the opinion of the court. I. There was no evidence, on the trial of the motion to dissolve, that the separate security for the Reed note was not sufficient to pay it off, and the finding to that effect, and the judgment dissolving the injunction, were erroneous. II.
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Appeal from Johnson Circuit Court, Hon. Noah M. Giyan, Judge. The case and facts are stated in the opinion of the court. I. There was no evidence, on the trial of the motion to dissolve, that the separate security for the Reed note was not sufficient to pay it off, and the finding to that effect, and the judgment dissolving the injunction, were erroneous. II. The court below had no legal right to proceed with the Nolan case after he ceased to be a proper and necessary party, without bringing his successor into court, by proper process, as he did not voluntarily appear. III. The court below…
1Opinion of the CourtEllison, J.
This action was brought by plaintiff as administrator of the estate of I. H. Reed. The following statement is sufficient for an understanding of the case so far as concerns the points we deem material to consider:
Johns & Gordon, on May 28, 1883, made their note for $1,892.50 in favor of Sophronia Reed, and secured it by a chattel mortgage upon the stock of two livery-stables and by a deed of trust upon the two stables and another house and lot in Higginsville, Missouri. Subsequently, J. H. Johns made his note for $1,892.50 to .the administrator of I. H. Reed’s estate, and secured it by a…
2Cases cited3 opinions
- Bein v. HeathSupreme Court of the United States · 1852
- Brownfield v. BrownfieldIllinois Supreme Court · 1871
- Dorriss v. CarterSupreme Court of Missouri · 1878
3Cited by5 opinions
- Nolan v. JohnsSupreme Court of Missouri · 1894
- Konta v. St. Louis Stock ExchangeMissouri Court of Appeals · 1910
- Teasdale v. JonesMissouri Court of Appeals · 1890
- Masters v. Sun Manufacturing Co.Missouri Court of Appeals · 1942
- In Re Parker v. BealMissouri Court of Appeals · 1934