Legal Opinion

Donk Bros. Coal & Coke Co v. Stevens

Missouri Court of Appeals

Decided March 1, 1898PublishedCited by 4 opinions

Appeal from the St. Louis City Circuit Court. — Hon. Hoeatio D. Wood, Judge. Under the undisputed evidence in tbe ease, tbe judgment of the court should have been for plaintiff. The judgment of the court is against the law as laid down by the court. John J. Stevens, the interpleader, did use his pretended claim for the purpose of hindering and delaying plaintiff in the collection of its debt. He participated in the wrongful acts, of his sons.

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Appeal from the St. Louis City Circuit Court. — Hon. Hoeatio D. Wood, Judge. Under the undisputed evidence in tbe ease, tbe judgment of the court should have been for plaintiff. The judgment of the court is against the law as laid down by the court. John J. Stevens, the interpleader, did use his pretended claim for the purpose of hindering and delaying plaintiff in the collection of its debt. He participated in the wrongful acts, of his sons. Shelley, v. Boothe, 73 Mo. 74; State to use Solomon v. Mason, 112 Mo. 374; Nat’l Tube Works Co. v. Machine Co., 118 Mo. 365; Alberger v. White, 117 Mo.…

1Opinion of the CourtBland, P. J.

— Plaintiffs sued defendants by attachment before a justice of the peace in the city of St. Louis. An attachment writ was issued and several horses, wagons and other personal property was seized as the property of Erank E. and Charles A. Stevens. Eor this property John J. Stevens interpleaded. Erom a judgment of the justice an appeal was taken to the circuit court, where on a trial de novo interpleader recovered a judgment, from which plaintiffs duly appealed.

Erank and Charles Stevens were coal dealers, became indebted to the plaintiffs and to others, and were being pressed for money, they…

2Cases cited3 opinions

  1. Shelley v. BootheSupreme Court of Missouri · 1880
  2. Central National Bank v. DoranSupreme Court of Missouri · 1891
  3. Alberger v. WhiteSupreme Court of Missouri · 1893

3Cited by4 opinions

  1. Harrison v. South Carthage Mining Co.Missouri Court of Appeals · 1902
  2. Bauer v. WhiteMissouri Court of Appeals · 1930
  3. Stahlhuth v. NagleSupreme Court of Missouri · 1910
  4. Mayfield Woolen Mills v. WilsonMissouri Court of Appeals · 1901

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