First National Bank v. Simpson
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Hon. Ben T. Habdin, Special Judge. (1) A demurrer to evidence in an equity case, as well as at law, concedes every fact which the evidence tends to prove, and every inference fairly deducible from the evidence. Healey v. Simpson, 113 Mo. 340; Leeper v. Bates, 85 Mo. 224; Baker v. Sutterfield, 43 Mo.
Read the full summary
Appeal from Jackson Circuit Court. — Hon. Ben T. Habdin, Special Judge. (1) A demurrer to evidence in an equity case, as well as at law, concedes every fact which the evidence tends to prove, and every inference fairly deducible from the evidence. Healey v. Simpson, 113 Mo. 340; Leeper v. Bates, 85 Mo. 224; Baker v. Sutterfield, 43 Mo. App. 591; Patton v. Bragg, 113 Mo. 600; Seitz v. Mitchell, 94 U. S. 19. (2) When testimony presented On the record was excluded in the trial court, it may be admitted and considered by the Supreme Court. Hanna v. South St. Jo. Land Co., 126 Mo. 1; Goodrich v.…
1Opinion of the CourtBurgess, J.
This is an equitable proceeding by plaintiff, a judgment creditor of George E. Simpson, deceased, who was the husband of the defendant, Mary E. Simpson, against her and her co-defendants, in the nature of a creditor’s bill, to subject to the payment of its debt.$4,848.48, being the amount of two judgments rendered in favor of plaintiff against the firm of Donnell,,Lawson & Simpson in the circuit court of the city of New York, in October, 1886, and interest thereon, which were allowed by the probate court of Jackson county, Missouri, in favor of plaintiff against the estate of said George E.…
2Cases cited13 opinions
- Healey v. SimpsonSupreme Court of Missouri · 1892
- Hanna v. South St. Joseph Land Co.Supreme Court of Missouri · 1894
- McCoy v. HyattSupreme Court of Missouri · 1883
- Clark v. ClarkSupreme Court of Missouri · 1885
- Coughlin v. RyanSupreme Court of Missouri · 1868
8 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Anthony v. Kennard Building Co.Supreme Court of Missouri · 1905
- Troll v. SpencerSupreme Court of Missouri · 1911
- Ruth v. St. Louis Transit Co.Missouri Court of Appeals · 1903
- State ex rel. Poston v. District Court of Eighth Judicial District, Fremont CountyWyoming Supreme Court · 1924
- Clark v. LewisSupreme Court of Missouri · 1908
12 more not listed; retrieve them via the Exa API.