Macks v. Columbia Theatre Co.
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Hon, Horatio D. Wood, Judge. (1) A husband and wife can not contract with each other; a partnership can not exist between them. McCorHe v. Goldsmith, 60 Mo. App. 475; Lindsay v. Archibald, 65 Mo. App. 117. (2) The property in the possession of the husband and wife, 'or under their control, is presumptively that of the husband, and the burden of proving the contrary is upon the wife. McLean v. Abshire, 63 Mo.
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Appeal from the St. Louis City Circuit Court. — Hon, Horatio D. Wood, Judge. (1) A husband and wife can not contract with each other; a partnership can not exist between them. McCorHe v. Goldsmith, 60 Mo. App. 475; Lindsay v. Archibald, 65 Mo. App. 117. (2) The property in the possession of the husband and wife, 'or under their control, is presumptively that of the husband, and the burden of proving the contrary is upon the wife. McLean v. Abshire, 63 Mo. App. 333, at 339; Burns v. Bangart, 16 Mo. App. 22; Plummer v. Trost, 81 Mo. 425, at 428. (3) The earnings of the wife which are not the…
1Opinion of the CourtBond, J.
This is a garnishment proceeding begun before a justice upon an attachment suit of plaintiff against *226Sidney Drew, based upon a justice’s judgment rendered in the state of California. The ground of attachment was non-residency. A judgment was rendered thereon against Sidney Drew and a judgment in favor of the garnishee on the trial of the garnishment. Plaintiff appealed from the latter judgment to the circuit court, to whom the case was submitted for decision without the aid of a jury. On the trial there it was shown that the answers of the garnishee to the interrogatories put in the justice’s…
2Cases cited3 opinions
- Dunifer v. JeckoSupreme Court of Missouri · 1885
- Huss v. CulverMissouri Court of Appeals · 1897
- Niemeyer v. NiemeyerMissouri Court of Appeals · 1897
3Cited by4 opinions
- Nelson v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1905
- Hilke v. Bank of WashingtonMissouri Court of Appeals · 1952
- Kirkpatrick v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1908
- Ashburn v. AshburnMissouri Court of Appeals · 1903