State ex rel. Shipman v. Allen
Missouri Court of Appeals
Appeal from Lawrence Circuit Court. — Hon. F. O. Johnston, Judge. (1) Tbe ruling of tbe court on motion of L. L. L. Allen and J. Forsythe, requesting that they be permitted to enter their voluntary appearance and be made parties defendant, was properly sustained. State ex rel. v. Hudson, 86 Mo.
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Appeal from Lawrence Circuit Court. — Hon. F. O. Johnston, Judge. (1) Tbe ruling of tbe court on motion of L. L. L. Allen and J. Forsythe, requesting that they be permitted to enter their voluntary appearance and be made parties defendant, was properly sustained. State ex rel. v. Hudson, 86 Mo. App. 512; Creen v. Conrad, 114 Mo. 665. (2) Instruction numbered 1 given on behalf of relator is erroneous in that: (a) The damages are not limited to securing a dissolution of the attachment. State ex rel. v. Fargo, 151 Mo. 280; Fry v. Estes, 52 Mo. App. 6. (b) Before traveling expenses can be…
1Opinion of the CourtBland, P. J.
(after stating .the facts). — 1. The. ■court gave the following instruction for plaintiff:
“1. The court instructs the jury that in this case it is admitted that the defendants Allen, Stark and Forsythe executed the bond sued on and read in evidence ; that the action in which the attachment was sued out has been finally determined; that the attachment -under Avhich relator’s property was levied upon has been finally determined in relator’s favor and the attachment ■dissolved, and the only matter for the jury to determine in relator’s suit is the amount of damages, if any, which he has…
2Cases cited8 opinions
- State ex rel. Wyatt v. Wabash RailroadSupreme Court of Missouri · 1893
- Green v. ConradSupreme Court of Missouri · 1893
- Lamb v. BrolaskiSupreme Court of Missouri · 1866
- State ex rel. Kendrick v. HudsonMissouri Court of Appeals · 1901
- Miller v. TylerSupreme Court of Missouri · 1875
3 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Edmonsond v. Lakeside Hospital Ass'nSupreme Court of Missouri · 1978
- Bank of Anderson v. AllenSupreme Court of South Carolina · 1928
- Connor Realty Co. v. St. Louis Union Trust Co.Missouri Court of Appeals · 1913
- The University Bank v. MajorMissouri Court of Appeals · 1935
- Addison v. Dent County Savings BankMissouri Court of Appeals · 1920
3 more not listed; retrieve them via the Exa API.