Kauffman v. Harrington
Missouri Court of Appeals
Appeal from the St. Louis Circuit Court, Amos M. Thayer, Judge. All that was relevant was the amount of the judgments and the date of the confessions, and the parties’ statements therein contained were immaterial and irrelevant. Foster n. Nowlin, 4 Mo. 1; McMahan v. Geiger, 73 Mo. 145 ; Freeman on Judgments. The point is not made in the motion for a new trial, and this court will not consider the objection when urged here for the first time. Daily v. Singer Mctnfg.
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Appeal from the St. Louis Circuit Court, Amos M. Thayer, Judge. All that was relevant was the amount of the judgments and the date of the confessions, and the parties’ statements therein contained were immaterial and irrelevant. Foster n. Nowlin, 4 Mo. 1; McMahan v. Geiger, 73 Mo. 145 ; Freeman on Judgments. The point is not made in the motion for a new trial, and this court will not consider the objection when urged here for the first time. Daily v. Singer Mctnfg. Qo., 14 Mo. App. 597; affirmed in S. C., 88 Mo. Rep., 301; Girls' Ind. Dome v. Fritchey, 10 Mo. App. 344; Ward v. Quinlivan, <15…
1Opinion of the CourtRombauer, J.
This is an action of replevin whereby the vendor seeks to assert his title and right of possession to certain merchandise, claiming that its sale was voidable for fraud. The merchandise at the date of its seizure under this writ, was in jmssession of the defendant who as sheriff had seized it under a writ of attachment issued at the instance of one of the vendee’s creditors. The plaintiff recovered judgment in the trial court, the jury under the instructions of the’ court finding that the sale was voidable, because the merchandise was purchased by the vendee with a fraudulent intent of never…
2Cases cited4 opinions
- Coughlin v. HaeusslerSupreme Court of Missouri · 1872
- Rosenheim v. America InsuranceSupreme Court of Missouri · 1862
- Glascock v. Chicago & Alton RailroadSupreme Court of Missouri · 1879
- State v. McChesneyMissouri Court of Appeals · 1884
3Cited by1 opinion
- Taylor v. Brotherhood of Railroad TrainmenMissouri Court of Appeals · 1904