Williams v. Braden
Missouri Court of Appeals
Appeal from the Livingston Circuit Court. — Hon. E. J. Beoadus, Judge. (1) The judgment and finding of the court was erroneous in law, and outside of the only issue in the case. The only issue was, whether the property claimed was the property of the interpleader or not, and the finding and judgment must be responsive to that issue. It was erroneous for the court to render a money judgment against the plaintiff. The entire judgment was wrong. Nolan v. 'Deutsch, 23 Mo.
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Appeal from the Livingston Circuit Court. — Hon. E. J. Beoadus, Judge. (1) The judgment and finding of the court was erroneous in law, and outside of the only issue in the case. The only issue was, whether the property claimed was the property of the interpleader or not, and the finding and judgment must be responsive to that issue. It was erroneous for the court to render a money judgment against the plaintiff. The entire judgment was wrong. Nolan v. 'Deutsch, 23 Mo. App. 1; Heivsonv. Tootle, 72 Mo. 632; Mills v. Thompson,-61 Mo. 417; Renclshoff v. Rogers, 34 Mo. App. 126; Newham v. Kenton,…
1Opinion of the CourtGill, J.
— Plaintiff, as landlord, sued the defendant, Braden, his tenant, for rent, and attached certain corn grown on the premises. Hicks interpleaded, *319claiming a portion of the attached corn. During the pendency of the action, the corn, on the order of the court, was' sold, as in the case of perishable property, and it would seem that at the trial of the interplea the sheriff held the proceeds of the sale.
The issues on the interplea were tried by the court, sitting as a jury, and the following finding and judgment was rendered: “Now, on this eleventh day of May, it being the tenth day of the May…
2Cases cited4 opinions
- Hewson v. TootleSupreme Court of Missouri · 1880
- Nolan v. DeutschMissouri Court of Appeals · 1886
- Mills v. ThomsonSupreme Court of Missouri · 1875
- Rindskoff, Stern, Lauer & Co. v. RogersMissouri Court of Appeals · 1889