J. Thomas & Son v. Brown
Missouri Court of Appeals
Appeal form Barry Circuit Court. — Hon. Carr Mc-Natt, Judge. 1. Written demand of the officer is a sufficient nó: tice of wife’s selection. State ex rel. v. Wolfe, 81 Mo. 586’; Wife has rights to the exemption under sections 2185 and 8304. 2. Wife may maintain action though she has joined her husband temporarily in another State.
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Appeal form Barry Circuit Court. — Hon. Carr Mc-Natt, Judge. 1. Written demand of the officer is a sufficient nó: tice of wife’s selection. State ex rel. v. Wolfe, 81 Mo. 586’; Wife has rights to the exemption under sections 2185 and 8304. 2. Wife may maintain action though she has joined her husband temporarily in another State. Griffith v. Bailey, 79 Mo. 472. 3. Where the-material facts are undisputed the appellate court must review their legal effect and decide whether the judgment is warranted by such undisputed facts. Knapp, Stout & Co. v. Stanley, 48 Mo. App. 264; Bruin v. Fair Assn.,…
1Opinion of the Court
OPINION.
FARRINGTON, J.
There were no declarations of law asked or given by -the court from which to ascertain the theory on which the case was decided. Where the trial court, sitting as a jury, makes a finding and renders a judgment in a cause originating in a justice’s court where there are no written pleadings to show the theory on which the parties presented the case, and in the absence of any declarations of law to mark out the theory on which the circuit court rendered its judgment, such a finding and judgment must not be disturbed if from an examination of the record the appellate court…
2Cases cited7 opinions
- Freeman v. ForemanMissouri Court of Appeals · 1910
- Neil v. Cunningham Store Co.Missouri Court of Appeals · 1910
- Bowser v. AtkinsonMissouri Court of Appeals · 1912
- State ex rel. Fowler v. ChaneyCourt of Appeals of Kansas · 1889
- Lindsey v. DixonMissouri Court of Appeals · 1893
2 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Westoak Realty & Investment, Inc. v. HernandezMissouri Court of Appeals · 1984