Hellman & Co. v. Pollock & Co.
Missouri Court of Appeals
Appeal from the Audrain Circuit Court. — Hon. E. M. Hughes, Judge. ' (1) Tbe court erred in excluding proper and legal evidence offered by interpleader. For the same rea: sons assigned under point number 1, and because the court was bound in all fairness to compel the litigants .to try the cause according to the stipulations — on the issues agreed to in Smith v. Leach, 7 S. W. Rep.
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Appeal from the Audrain Circuit Court. — Hon. E. M. Hughes, Judge. ' (1) Tbe court erred in excluding proper and legal evidence offered by interpleader. For the same rea: sons assigned under point number 1, and because the court was bound in all fairness to compel the litigants .to try the cause according to the stipulations — on the issues agreed to in Smith v. Leach, 7 S. W. Rep. (Tex.) 767. By the stipulations the question of the priority of the Ross and Hoagland mortgages were eliminated from the case. Gushing z>. Smith, 12S.W. Rep. (Tex.) 19. The defense of prior mortgages was not…
1Opinion of the CourtSmith, P. J.
The plaintiffs, Pollock &Co., brought-their suit against the defendant Douglass by attachment before a justice of the peace, levying the attachment upon a small stock of goods in the possession of the interpleaders, Heilman & Co., who hied an interplea *208in the suit claiming that the stock of goods at the time of the levy of the writ of attachment thereon was then and still is their property, and that they were and still are entitled to the possession thereof, etc.
At the trial in the circuit court, the interpleaders introduced in evidence a mortgage executed to them by the defendant Douglass,…
2Cases cited15 opinions
- Lafayette County Bank v. MetcalfMissouri Court of Appeals · 1888
- Hickman v. DillMissouri Court of Appeals · 1888
- Frisbee v. LangworthyWisconsin Supreme Court · 1860
- State ex rel. McGrath v. CarrollMissouri Court of Appeals · 1887
- Pike v. ColvinIllinois Supreme Court · 1873
10 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Nelson Distilling Co. v. HubbardMissouri Court of Appeals · 1893
- Gate City National Bank v. BoyerMissouri Court of Appeals · 1912
- Ottumwa National Bank v. TottenMissouri Court of Appeals · 1905
- Edmonston v. WilsonMissouri Court of Appeals · 1892
- Wyeth Hardware Co. v. Carthage Hardware Co.Missouri Court of Appeals · 1898
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