State ex rel. Meramec Iron Co. v. Gaddy
Supreme Court of Missouri
Error to Texas Circuit Court. — Hon. V. B. Hill, Judge The action of the circuit court in excluding from evidence the tax receipt and other testimony offered was such as to preclude a recovery by plaintiff. The action of the court cut the plaintiff’s case up by the root, and the only thing left for it to do was to take a non-suit.
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Error to Texas Circuit Court. — Hon. V. B. Hill, Judge The action of the circuit court in excluding from evidence the tax receipt and other testimony offered was such as to preclude a recovery by plaintiff. The action of the court cut the plaintiff’s case up by the root, and the only thing left for it to do was to take a non-suit. Yankee v. Thompson, 51 Mo. 241; Hageman v. Moreland, 33 Mo. 86; Koeger v. Hays, 57 Mo. 87. The circuit court erred in overruling the motion to set aside the judgment of non-suit. The non-suit was voluntary, and plaintiff was not forced thereto by any ruling of the…
1Opinion of the Court
Philips, C.
This is an action against the defendant Gaddy, sheriff of Phelps county, and the sureties on his official bond, to recover damages for an alleged wrongful seizure and sale of personal property under execution. The principal facts as disclosed by the record, are that on the 7th day of November, 1888, the relator as heirs of Thomas James, under the corporate name of the “ Meramec Iron Works,” leased to William James, for a period of fifteen years, commencing the 1st day of May, 1869, and ending the 1st day of May, 1884, certain lands in Phelps county, with all farming, wood and ore…
2Cases cited2 opinions
- Layton v. RineySupreme Court of Missouri · 1862
- Hageman v. MorelandSupreme Court of Missouri · 1862
3Cited by7 opinions
- Diamond Rubber Co. v. WernickeMissouri Court of Appeals · 1912
- Williams v. FinksSupreme Court of Missouri · 1900
- Bushyager ex rel. Bushyager v. Hammond Packing Co.Missouri Court of Appeals · 1910
- Graham v. ParsonsMissouri Court of Appeals · 1901
- Karnes v. American Fire InsuranceMissouri Court of Appeals · 1893
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