Miller v. McCaleb
Supreme Court of Missouri
(1) Upon request made by plaintiffs that the lower court should state in writing the conclusions of fact found separately from the conclusions of law, such request should have been granted. On this subject the statute is-entirely plain and it is mandatory; it applies by its express terms to eases in equity as well as to cases at law. Cochran v. Thomas, 131 Mo. 268; Lawyers’ Co-op. Pub.
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(1) Upon request made by plaintiffs that the lower court should state in writing the conclusions of fact found separately from the conclusions of law, such request should have been granted. On this subject the statute is-entirely plain and it is mandatory; it applies by its express terms to eases in equity as well as to cases at law. Cochran v. Thomas, 131 Mo. 268; Lawyers’ Co-op. Pub. Co. v. Cordon, 173 Mo. 152; Blount v. Spratt, 113 Mo1. 53. The lower court therefore erred in denying plaintiffs’ request. (2) UndeT the deed the words “and the lawful heirs of the said Ethelbert A. McCaleb,”…
1Opinion of the CourtGraves, J.
Action in partition, by petition in the usual form, with prayer for the partition ox sixty acres of land in Dade county, and for account of rents and profits alleged to have been had and received by one of the defendants. The plaintiffs, Kate Miller *566and Lidia A. Forrest, and the defendants S. A. McCaleb and C. A. McCaleb, are children of Ethelbert A. McCaleb, who died in the year 1901, and the only answering defendant is Ara E. McCaleb', the second wife and widow of the said Ethelbert A. McCaleb. The four children of the said Ethelbert, made parties to this action, are children by his first…
2Cases cited11 opinions
- Benne v. SchneckoSupreme Court of Missouri · 1889
- Blount v. SprattSupreme Court of Missouri · 1892
- Hawkes v. PikeMassachusetts Supreme Judicial Court · 1870
- Patterson v. PattersonSupreme Court of Missouri · 1906
- McElroy v. MaxwellSupreme Court of Missouri · 1890
6 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Walther v. NullSupreme Court of Missouri · 1911
- Bank of Brimson v. GrahamSupreme Court of Missouri · 1934
- Gardner v. Springfield Gas & Electric Co.Missouri Court of Appeals · 1911
- Maryland Casualty Co. v. DobbinMissouri Court of Appeals · 1937
- McAlpin v. HixonSupreme Court of Oklahoma · 1914
8 more not listed; retrieve them via the Exa API.