Simmons Hardware Co. v. Loewen Bros.
Missouri Court of Appeals
Appeal from Jackson' Circuit Court. — Hon. John W. Henry, Judge. (1) Under the evidence submitted by plaintiff, the case should have gone to the jury; the rule being well settled that if there is any evidence tending to prove the issues, the case must go to the jury. Batavia v. Wallace, 42 C. C. A. 310 (102 Fed. Rep. 240), where on page 314 the exact point is decided on the same facts as in this case.
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Appeal from Jackson' Circuit Court. — Hon. John W. Henry, Judge. (1) Under the evidence submitted by plaintiff, the case should have gone to the jury; the rule being well settled that if there is any evidence tending to prove the issues, the case must go to the jury. Batavia v. Wallace, 42 C. C. A. 310 (102 Fed. Rep. 240), where on page 314 the exact point is decided on the same facts as in this case. Groll v. Tower, 85 Mo. 249; Moody v. Deutsch, 85 Mo. 237; Baum v. Fryrear, 85 Mo. 151. (2) An interplea in attachment proceedings is purely statutory, must be governed entirely by the statute,…
1Opinion of the CourtEllison, J.
Plaintiffs instituted this suit by attachment on an account against defendants, on January 5, 1897. The interpleader filed his interplea claiming the property as trustee in a deed of trust conveying the same to secure some preferred creditors. If it be conceded that the defendants intended to defraud other creditors by giving the deed of trust, yet the further question presented was whether the inter-pleader participated in such fraudulent design. The trial court gave a peremptory instruction to find for interpleader, and plaintiffs have appealed.
Shortly before plaintiffs instituted their…
2Cases cited7 opinions
- Petring v. ChrislerSupreme Court of Missouri · 1886
- Nolan v. DeutschMissouri Court of Appeals · 1886
- Pace v. PierceSupreme Court of Missouri · 1872
- Bradley Hubbard Manufacturing Co. v. BeanMissouri Court of Appeals · 1886
- Mansur v. HillMissouri Court of Appeals · 1886
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3Cited by1 opinion
- State Ex Rel. v. Weinberg and Am. Sur. Co.Missouri Court of Appeals · 1941