Gay v. Ihm
Supreme Court of Missouri
Error to St. Louis Court of Appeals. This was a suit against Maria Anna Ihm and Jacob Ihm, her husband, to charge the separate estate of said Maria with the payment of a. sum of money alleged to be due from her to plaintiff for the rent of certain premises held by her of plaintiff", under a written lease.
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Error to St. Louis Court of Appeals. This was a suit against Maria Anna Ihm and Jacob Ihm, her husband, to charge the separate estate of said Maria with the payment of a. sum of money alleged to be due from her to plaintiff for the rent of certain premises held by her of plaintiff", under a written lease. The answer of Mrs. Ihm denied that she was indebted to- plaintiff; denied that she ever knowingly accepted a lease of the premises; charged that she was induced to sign the lease relied on by plaintiff' by fraudulent misrepresentations of plaintiff’s agent; and denied that she had any…
1Opinion of the Court
Sherwood, O. J.
Plaintiff was successful in the circuit court in his endeaver to subject the separate estate of Mrs. Ihm to the payment of the debt which she had contracted, and the judgment of' that court was affirmed in the St. Louis court of appeals.
1. jury trial in chancery causes
In chancery causes the right of trial by jury does not exist, although the chancellor may, if he see fit, direct certain issues of fact to be tried by a jury; but even -¡jien, he will not be bound by their finding; he may accept it or reject it, as he deems best. It is certainly very late in the day to insist on…
2Cases cited1 opinion
- DeBaun v. Van WagonerSupreme Court of Missouri · 1874
3Cited by7 opinions
- Turner v. ShawSupreme Court of Missouri · 1888
- Snell v. HarrisonSupreme Court of Missouri · 1884
- Barlow v. DelaneyU.S. Circuit Court for the District of Eastern Missouri · 1889
- Cadematori v. GaugerSupreme Court of Missouri · 1901
- Hall v. HarrisSupreme Court of Missouri · 1898
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