Webb City Lumber Co. v. Victor Mining Co.
Missouri Court of Appeals
Appeal from the Jasper Circuit Court. — Hon. J. D. Perkins, Judge. (1) Where there is no evidence on which to base the judgment of a trial court, the appellate court will reverse it. Freeman v. Hemmingway, 1 Mo. App. Rep. No. 10, 430; Nichols v. Garter, 49 Mo. App. 401; Klostermann v. Kage, 39 Mo. App. 60; Polack v. Hannauer, 26 Mo. App. 261; Blackwell v. Adams, 28 Mo. App. 61; Moore v. Railway, 28 Mo.
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Appeal from the Jasper Circuit Court. — Hon. J. D. Perkins, Judge. (1) Where there is no evidence on which to base the judgment of a trial court, the appellate court will reverse it. Freeman v. Hemmingway, 1 Mo. App. Rep. No. 10, 430; Nichols v. Garter, 49 Mo. App. 401; Klostermann v. Kage, 39 Mo. App. 60; Polack v. Hannauer, 26 Mo. App. 261; Blackwell v. Adams, 28 Mo. App. 61; Moore v. Railway, 28 Mo. App. 622. (2) A chattel mortgage given to secure an existing debt and fox future advances is valid though the mortgage recites that it is to secure an absolute debt. Jones on Chat. Mort., sec.…
1Opinion of the CourtSmith, P. J.
Statement. Plaintiffs brought an action of attachment against the defendant; and, under the writ issued therein, certain mining machinery and other personal property of the defendant were levied upon. One Kane filed an interplea on the action claiming to be the owner and entitled to the possession of the attached property under the provisions of a certain mortgage executed to him by the defendant prior to the levy of the attachment. The plaintiffs, by their answer, denied the allegations of the interplea and charged that the mortgage was made with the intent to hinder and delay creditors, and…
2Cases cited11 opinions
- State ex rel. Robertson v. HopeSupreme Court of Missouri · 1890
- Boland v. RossSupreme Court of Missouri · 1894
- Seger's Sons v. Thomas Bros.Supreme Court of Missouri · 1891
- Butts v. PeacockWisconsin Supreme Court · 1868
- Freeman v. MoffittSupreme Court of Missouri · 1893
6 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- City of De Soto v. American Guaranty Fund Mutual Fire InsuranceMissouri Court of Appeals · 1903
- Jones v. Third Nat. Bank of SedaliaCourt of Appeals for the Eighth Circuit · 1926
- Bruegge v. BedardMissouri Court of Appeals · 1901