Payne v. O'Shea
Supreme Court of Missouri
Error to Jacicson Special Law and Equity Court. — Hon. R. E. Cowan, Judge. (1) The O’Sheas should not be permitted in equity to obtain payment of their debts as they have done in this ease, and then exclude the same from consideration; in computing the amount, if any, which may be due them from Payne on final settlement.
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Error to Jacicson Special Law and Equity Court. — Hon. R. E. Cowan, Judge. (1) The O’Sheas should not be permitted in equity to obtain payment of their debts as they have done in this ease, and then exclude the same from consideration; in computing the amount, if any, which may be due them from Payne on final settlement. (2) The Kansas judgment rendered before a justice by attachment was merely a judgment in rem, and no personal judgment could be properly rendered against defendant therein on appeal to the district court. 2 Dassler Kas. Stats. (1876), p. 680, sec. 222 ; Sanford v. Sheppard,…
1Opinion of the CourtRat, J.
This case was tried and determined in the special law and equity court of Jackson county, upon a demurrer to the -petition which was in the nature of a bill in equity to enjoin and restrain defendants from enforcing a certain judgment, obtained by them, before a justice of the peace, and asking further for an accounting and settlement between the parties. The demurrer was sustained, and the bill dismissed, and in due time and manner the complainant, Payne, brought the case here by writ of error.
It seems that in 1874, complainant, Payne, had a *133■contract for the purchase of an ice house and…
2Cases cited7 opinions
- Kane v. CookCalifornia Supreme Court · 1857
- Jones v. HartSupreme Court of Missouri · 1875
- Kritzer v. SmithSupreme Court of Missouri · 1855
- Banta v. WoodSupreme Court of Iowa · 1871
- Lamb v. BrolaskiSupreme Court of Missouri · 1866
2 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- Brown v. TrentSupreme Court of Oklahoma · 1912
- Lieber v. LieberSupreme Court of Missouri · 1911
- Cross v. GouldMissouri Court of Appeals · 1908
- McClanahan v. WestSupreme Court of Missouri · 1889
- Smoot v. JuddSupreme Court of Missouri · 1904
24 more not listed; retrieve them via the Exa API.