Beatty v. Clarkson
Missouri Court of Appeals
Appeal from Boone Circuit Court. — Hon. John A. Hochaday, Judge. (1) The court erred in overruling defendant’s demurrer at the close of plaintiff’s evidence, and also at the close of all the evidence. As there was a partnership existing between plaintiff and defendant, in regard to the hogs and corn, the plaintiff’s suit could not be maintained, and the justice of the peace had no jurisdiction, as there had been no settlement'of their partnership affairs.
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Appeal from Boone Circuit Court. — Hon. John A. Hochaday, Judge. (1) The court erred in overruling defendant’s demurrer at the close of plaintiff’s evidence, and also at the close of all the evidence. As there was a partnership existing between plaintiff and defendant, in regard to the hogs and corn, the plaintiff’s suit could not be maintained, and the justice of the peace had no jurisdiction, as there had been no settlement'of their partnership affairs. Newberger v. Friede, 23 Mo. App. 631; Rankin v. Fairley, 29 Mo. App. 593. (2) As a suit between partners would be equitable in its nature,…
1Opinion of the CourtBroaddus, J.
— This is a suit in replevin for the following personal property, viz.: Six Berkshire pigs; two Poland China-brood sows; seven Poland China shoats; four spotted Poland China shoats; five *4suckling pigs; three half-breed Poland China pigs; two yearling steers, one brindle and one short horn and Jersey; 1 stack of hay; 25 bushels shucked corn in the .crib; 1 side-breaking plow; one-half interest in 4 cords of wood; 2 bushels of millet; and one over-jet and bows for wagon. The case originated in a justice’s court where it was tried and then appealed to the circuit court where the judgment was for…
2Cases cited2 opinions
- Donnell v. HarsheSupreme Court of Missouri · 1877
- Ashby v. ShawSupreme Court of Missouri · 1884
3Cited by13 opinions
- Hale v. StimsonSupreme Court of Missouri · 1906
- Brannock v. MagoonSupreme Court of Missouri · 1909
- Bruntmeyer v. Squaw Creek Drainage District No. 1Missouri Court of Appeals · 1917
- Banner v. BannerMissouri Court of Appeals · 1914
- Voelker v. Hill-O'Meara Construction Co.Missouri Court of Appeals · 1910
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