State ex rel. Smith v. Jones
Missouri Court of Appeals
Appeal from the .Ralls .Circuit Court. — lion. David Henry My, Judge. (1) Tbe court erred in giving instruction number 1 for the relator. This instruction was in effect a peremptory instruction to the jury to find for the relator, if they believed her mother gave 'her a horse and cow at or about the time of her marriage, and that the horse and cow sold by the sheriff was the same, or was the income, increase or the profits thereof.
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Appeal from the .Ralls .Circuit Court. — lion. David Henry My, Judge. (1) Tbe court erred in giving instruction number 1 for the relator. This instruction was in effect a peremptory instruction to the jury to find for the relator, if they believed her mother gave 'her a horse and cow at or about the time of her marriage, and that the horse and cow sold by the sheriff was the same, or was the income, increase or the profits thereof. As to all other matters it directed a verdict. It did not require the jury to find when the relator was married and when her mother gave her the horse and cow. It…
1Opinion of the CourtBland, P. J.
William Christian, receiver of the Center Bank, obtained a judgment in the Kails circuit court against E. C. Smith, and caused an execution to be issued thereon and delivered to appellant Eichard D. Jones, sheriff of Ealls county, for service. Jones as sheriff, by virtue of the execution, levied upon one roan mare and one cow as the property of the defendant in the execution.. The respondent, Georgia Smith (who was the wife of E. C. Smith), shortly after the levy was made, made her claim in writing, verified by her affidavit, in compliance with the statute, as the owner •of the mare and cow,…
2Cases cited5 opinions
- Thomas v. ThomasSupreme Court of Missouri · 1891
- Bettes v. MagoonSupreme Court of Missouri · 1885
- Clark v. ClarkSupreme Court of Missouri · 1885
- Seay v. HesseSupreme Court of Missouri · 1894
- Sanguinett v. WebsterSupreme Court of Missouri · 1895
3Cited by7 opinions
- Rice, Stix & Co. v. SallySupreme Court of Missouri · 1903
- Grimes v. ReynoldsSupreme Court of Missouri · 1904
- Dowd v. SchoeningMissouri Court of Appeals · 1955
- Doherty v. DohertyMissouri Court of Appeals · 1911
- Mann v. Farmers Exchange Bk. of GallatinMissouri Court of Appeals · 1932
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