Kankakee Woolen Mill Co. v. Kampe
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Hon. Daniel Dillon, Judge. The case made by the petition is clearly within the ruling of the supreme court of Missouri, in the cases of Ward v. Davidson, 89 Mo. 454; Roan v. Winn, 93 Mo. 503. There is no conflict between the ruling laid down in Foster v. Mullanphy Planing Mill Go. (92 Mo. 79), and the ruling in Roan v. Winn. But, if there is any conflict in principle, the latter case must be held to-overrule the former.
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Appeal from the St. Louis City Circuit Court. — Hon. Daniel Dillon, Judge. The case made by the petition is clearly within the ruling of the supreme court of Missouri, in the cases of Ward v. Davidson, 89 Mo. 454; Roan v. Winn, 93 Mo. 503. There is no conflict between the ruling laid down in Foster v. Mullanphy Planing Mill Go. (92 Mo. 79), and the ruling in Roan v. Winn. But, if there is any conflict in principle, the latter case must be held to-overrule the former. Where the d'ebt is ascertained, liquidated and admitted, and the debtor is insolvent, and has no property within ' the…
1Opinion of the CourtBiggs, J.
The circuit court sustained a general demurrer to the plaintiff ’ s bill, and, upon its refusal to plead further, the court dismissed the cause and-entered a Anal judgment on the demurrer for the defendants. Prom this judgment, the plaintiff has prosecuted this appeal.
On the twenty-ninth day of January, 1889, the plaintiff instituted this action against Bertha Kampe, Albert Kampe, J. Toensfeldt, Horace Bateson, and the Standard Hosiery Mill Company. The plaintiff’s cause *231oí action, as stated in its petition is substantially as follows: On the twelfth day of January, 1889, the Standard Hosiery…
2Cases cited12 opinions
- Russell v. Clark's ExecutorsSupreme Court of the United States · 1812
- Innes v. LansingNew York Court of Chancery · 1839
- Roan v. WinnSupreme Court of Missouri · 1887
- Foster v. Mullanphy Planing Mill Co.Supreme Court of Missouri · 1887
- Ward v. DavidsonSupreme Court of Missouri · 1886
7 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Wyman v. BowmanCourt of Appeals for the Eighth Circuit · 1904
- Burnes v. BurnesCourt of Appeals for the Eighth Circuit · 1905
- Coleman v. HageySupreme Court of Missouri · 1913
- Waggoner-Gates Milling Co. v. Ziegler-Zaiss Commission Co.Supreme Court of Missouri · 1895
- Buckley v. MaupinSupreme Court of Missouri · 1939
8 more not listed; retrieve them via the Exa API.