Gallup v. Rhodes
Missouri Court of Appeals
Appeal from Mississippi Circuit Court. — Hon. Frank Kelly, Judge. (1) The verdict was for the wrong party, because defendant, Rhodes, made a valid levy under a writ of attachment, which was fair on it face and sold said goods under an execution fair on its face, issued by court of competent jurisdiction. 4 Cyc. 764; 67 Mo. App. 462; 109 Mo. App. 345; 83 Mo. App. 89, 88; 175 Mo.
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Appeal from Mississippi Circuit Court. — Hon. Frank Kelly, Judge. (1) The verdict was for the wrong party, because defendant, Rhodes, made a valid levy under a writ of attachment, which was fair on it face and sold said goods under an execution fair on its face, issued by court of competent jurisdiction. 4 Cyc. 764; 67 Mo. App. 462; 109 Mo. App. 345; 83 Mo. App. 89, 88; 175 Mo. App. 412. (2) The court erred in admitting incompetent, irrelevant and immaterial evidence offered by the defendants. 22 C. J., 176 (14), 184 (140), 186, 187, 189 (153), 190 (154); Heller v. Ferguson, 189 Mo. App. 484.…
1Opinion of the CourtBbadley, J.
Plaintiff sued to recover for the alleged wrongful taking of fixtures which she was using in a cafe. The cause was tried to a jury, and plaintiff recovered judgment for $500, and defendants appealed. It is not clear from the abstract of the record or the certified copy of judgment on file whether the judgment went against all the defendants.
Plaintiff alleges that on January 3, 1918, she owned and was in the possession of three dining tables, twelve dining chairs, one water cooler, one lnnch counter, seven lunch stools, one. confection cabinet, one range stove, two ice boxes, four rustic…
2Cases cited5 opinions
- People's Savings Bank v. Van AllsburgMichigan Supreme Court · 1911
- Balter v. CrumMissouri Court of Appeals · 1918
- Riley Pennsylvania Oil Co. v. SymmondsMissouri Court of Appeals · 1916
- Independent Breweries Co. v. LawtonMissouri Court of Appeals · 1918
- Ward v. StutzmanMissouri Court of Appeals · 1917
3Cited by4 opinions
- Smith v. BoyerSupreme Court of South Carolina · 1922
- Michigan Packing Co. v. MessarisMichigan Supreme Court · 1932
- Atlas Rock Co. v. Miami Beach Builders Supply Co.Supreme Court of Florida · 1925
- Garner v. ThompsonWashington Supreme Court · 1931