Beck v. Wisely
Missouri Court of Appeals
Appeal from the Vernon Circuit Court. — Hon. D. P. Stratton, Judge. (1) Tbe court erred in refusing interpleader’s instruction .number 5, as it enunciated a sound legal proposition, and there was evidence to sustain it. The issue should have been submitted to the jury. (2) Instruction number 1 is erroneous because it ignores interpleader’s theory of the case. Numbers 2 and 3 are subject to the same criticism, and, besides, they do not state correct legal propositions.
Read the full summary
Appeal from the Vernon Circuit Court. — Hon. D. P. Stratton, Judge. (1) Tbe court erred in refusing interpleader’s instruction .number 5, as it enunciated a sound legal proposition, and there was evidence to sustain it. The issue should have been submitted to the jury. (2) Instruction number 1 is erroneous because it ignores interpleader’s theory of the case. Numbers 2 and 3 are subject to the same criticism, and, besides, they do not state correct legal propositions. Hunt <& Evers v. Shoemaker, 57 Mo. App. 454. (3) Interpleas in attachment suits are governed by the same rules of procedure as…
1Opinion of the CourtGill, J.
This is a controversy between an inter-pleader and plaintiff in a suit by the landlord for rent of a farm. The crop was attached and Seitz filed an interplea, claiming the same under an alleged prior purchase from the tenant. The case was here before (52 Mo. App. 242), and it was reversed and remanded because of the failure of the evidence to show that Wisely had ever rented the place, or was indebted to plaintiff on that account. At the second trial, plaintiff clearly established every fact entitling her to a landlord’s lien on the crop grown on the premises, and the judgment, which is in…
2Cases cited5 opinions
- Ladd, Patrick & Co. v. CouzinsSupreme Court of Missouri · 1865
- Nolan v. DeutschMissouri Court of Appeals · 1886
- Nelson Distilling Co. v. HubbardMissouri Court of Appeals · 1893
- Rindskoff, Stern, Lauer & Co. v. RogersMissouri Court of Appeals · 1889
- Beck v. WiselyMissouri Court of Appeals · 1893
3Cited by3 opinions
- I. Stadden Grocery Co. v. LuskMissouri Court of Appeals · 1902
- Bohm Bros. v. StiversMissouri Court of Appeals · 1899
- State v. ThayerSupreme Court of Missouri · 1900