Drumm Flato Commission Co. v. Summers
Missouri Court of Appeals
Appeal from Carter Circuit Court. — Hon. John G. Wear, Judge. (1) We understand that it is not customary for the appellate court to consider the evidence when a jury has found the issues for a certain party, but it strikes us that there are times when the court should go into the evidence, and we think this is one of the times and one of the cases. We think the evidence is plain that there was fraud practiced in this case and that it was clearly proven.
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Appeal from Carter Circuit Court. — Hon. John G. Wear, Judge. (1) We understand that it is not customary for the appellate court to consider the evidence when a jury has found the issues for a certain party, but it strikes us that there are times when the court should go into the evidence, and we think this is one of the times and one of the cases. We think the evidence is plain that there was fraud practiced in this case and that it was clearly proven. Take the fact that W. E. Summers, the defendant in the attachment suit, had charge of all the cattle up to the time of the attachment was…
1Opinion of the CourtBland, P. J.
Plaintiff brought suit by attachment in the Howell Circuit Court against W. E. Summers and had attached sixty-three head of steers which were afterwards sold by order of the judge of the court.
John T. and A. B. Summers appeared and filed the following interplea: “That on the twenty-eighth day of February, 1896, by virtue of a writ of attachment issued before that time in said cause from the office of the clerk of Howell county, Missouri, to the sheriff of said county, in favor of Drumm Flato Commission Company and against the property of W. E. Summers, the said sheriff did levy and seize, as…
2Cases cited11 opinions
- Chouquette v. Southern Electric RailroadSupreme Court of Missouri · 1899
- Williams v. Chicago, Santa Fe & California Railway Co.Supreme Court of Missouri · 1900
- Albert v. BeselSupreme Court of Missouri · 1885
- Hickman v. DillMissouri Court of Appeals · 1888
- Frederick v. AllgaierSupreme Court of Missouri · 1886
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3Cited by4 opinions
- Farmers State Bank of Newkirk v. HessSupreme Court of Oklahoma · 1929
- Boonville National Bank v. ThompsonSupreme Court of Missouri · 1936
- Citizens Trust Co. v. EldersMissouri Court of Appeals · 1923
- Commercial Jewelry Co. v. HiteMissouri Court of Appeals · 1912