Galbreath v. Rogers
Missouri Court of Appeals
Appeal from the Pettis Circuit Court. — Hon. Richard Field, Judge. (1) The court should have allowed defendant to withdraw from the stipulation. Especially so, after plaintiff filed an amended petition in the test case, Galbreath v. Newton. Howe v. Lawrence, 22 N. J. Law, 106; Becker v. Lamonte, 13 How. Pr. 23 ; The Hiram, 1 Wheaton, 440; 3 Peer Williams, 342 ; Molin v: Kinney, 1 Cain, 117; 1 Hoffman, Ch. Pr. 28, 29; Holly v. Young, 68 Me. 215; 1 Grreenl.
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Appeal from the Pettis Circuit Court. — Hon. Richard Field, Judge. (1) The court should have allowed defendant to withdraw from the stipulation. Especially so, after plaintiff filed an amended petition in the test case, Galbreath v. Newton. Howe v. Lawrence, 22 N. J. Law, 106; Becker v. Lamonte, 13 How. Pr. 23 ; The Hiram, 1 Wheaton, 440; 3 Peer Williams, 342 ; Molin v: Kinney, 1 Cain, 117; 1 Hoffman, Ch. Pr. 28, 29; Holly v. Young, 68 Me. 215; 1 Grreenl. Ev. [13 Ed.] see. 206; Griffith r>. Townly, 69 Mo. 17 ; Pomeroy’s Equity, sec. 817; Galbreath v. Rogers, 30 Mo. App. 401; Pender gast v.…
1Opinion of the CourtG-ill, J.
— These seventeen cases belong to a series of eighteen suits brought to enforce certain special tax bills for macadamizing Ohio street, in the city of Sedaba. At the inception of the litigation a stipulation or agreement was entered into and filed in each cause, whereby it was provided that Galbreath v. Newton alone should be tried as a test case, and the remaining (to-wit, the cases above mentioned) should abide the result of such test case. Galbreath v. Newton was first tried in the circuit court in 1886 ; plaintiff had *326judgment in his favor, and defendant appealed to this court. The lower…
2Cases cited3 opinions
- Galbreath v. NewtonMissouri Court of Appeals · 1887
- Galbreath v. RogersMissouri Court of Appeals · 1887
- McCracken v. McCrackenSupreme Court of Missouri · 1878
3Cited by1 opinion
- City of St. Joseph ex rel. Gibson v. HaxMissouri Court of Appeals · 1893