Legal Opinion

Knapp, Stout & Co. v. Joy

Missouri Court of Appeals

Decided May 4, 1880PublishedCited by 3 opinions

Appeal from the St. Louis Circuit Court, Boyle, J. A fraudulent conveyance of any part of the debtor’s property will subject his effects to attachment. — Taylor v. Meyers, 34 Mo. 81. A demurrer to evidence admits everything which the testimony conduces to prove, though but in a slight degree; and in passing upon the demurrer, the court will make every inference of fact in favor of the party offering the evidence which the evidence warrants, and which the jury might, with any…

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Appeal from the St. Louis Circuit Court, Boyle, J. A fraudulent conveyance of any part of the debtor’s property will subject his effects to attachment. — Taylor v. Meyers, 34 Mo. 81. A demurrer to evidence admits everything which the testimony conduces to prove, though but in a slight degree; and in passing upon the demurrer, the court will make every inference of fact in favor of the party offering the evidence which the evidence warrants, and which the jury might, with any degree of propriety, have inferred. — Wilson v. Board of Education, 63 Mo. 137 ; Brown v. Rimmed, 67 Mo. 430. The…

1Opinion of the CourtHayden, J.

This is a suit brought by attachment, and founded on promissory notes and open accounts. There was a plea in abatement, and a trial before a jury as to the existence of the grounds of attachment. The court, after hearing the evidence, instructed the jury to find for the defendants, and there was judgment accordingly on the plea in abatement. The plaintiffs filed their motion for a new trial, and bill of exceptions, and at a subsequent term there was a trial upon the merits, and a verdict and judgment for the plaintiffs. Afterwards, and at the same term, the plaintiffs filed an affidavit for…

2Cases cited4 opinions

  1. Nolan v. ShickleMissouri Court of Appeals · 1877
  2. Davis v. PerrySupreme Court of Missouri · 1870
  3. Walser v. HaleySupreme Court of Missouri · 1875
  4. Chouteau & Valle v. ShermanSupreme Court of Missouri · 1848

3Cited by3 opinions

  1. Gens & Tiede v. Hargadine, McKittrick & Co.Missouri Court of Appeals · 1894
  2. Jordan v. WickhamMissouri Court of Appeals · 1886
  3. Ranscher v. McElhinneyMissouri Court of Appeals · 1882

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