J. G. Hutchinson & Co. v. Morris Bros.
Supreme Court of Missouri
Transferred from Kansas City Court of Appeals. The court erred in giving interpleader’s tlireefonrths verdict instruction. Grirdner v. Bryan, 67 S. W. 699; R. S. 1899, sec. 1657; Boling v. Railroad, 67 S. W. 937; Watkins v. Edgar, 68 S. W. 87; Const., art. 15; Edwards v. Lesueur, 132 Mo. 433; 6 Am. and Eng. Ekcy.
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Transferred from Kansas City Court of Appeals. The court erred in giving interpleader’s tlireefonrths verdict instruction. Grirdner v. Bryan, 67 S. W. 699; R. S. 1899, sec. 1657; Boling v. Railroad, 67 S. W. 937; Watkins v. Edgar, 68 S. W. 87; Const., art. 15; Edwards v. Lesueur, 132 Mo. 433; 6 Am. and Eng. Ekcy. Law (2 Ed.), 904; State ex rel. v. Powell, 77 Miss. 571. There was no constitutional question raised or passed upon by the trial court in any manner whatever, and the question cannot be raised for the first time in the appellate court by brief of counsel. Town of Kirk-wood v.…
1Opinion of the CourtFox, J.
This suit originated before a justice of the peace of Grundy county, Missouri. .The character and nature of this claim is thus briefly stated in the abstract of record:
“On September 15, 1899, J. G. Hutchinson & Co. filed in the justice court a complaint against Morris Brothers for a balance due of $82.51 for goods sold and delivered. At the same time the plaintiff duly sued out a writ of attachment against defendant, the grounds of attachment being fraudulent conveyance of property, fraudulent contracting of the debt and failure to pay the price of goods on delivery when, by contract, they…
2Cases cited11 opinions
- State ex rel. Campbell v. St. Louis Court of AppealsSupreme Court of Missouri · 1888
- Hulett v. Missouri, Kansas & Texas Railway Co.Supreme Court of Missouri · 1898
- Kirkwood v. Meramec Highlands Co.Supreme Court of Missouri · 1901
- Maxwell v. NewboldSupreme Court of the United States · 1856
- Nall v. Wabash, St. Louis & Pacific Railway Co.Supreme Court of Missouri · 1888
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3Cited by2 opinions
- Farage v. John Hancock Mutual Life InsuranceMissouri Court of Appeals · 1935
- George v. Quincy, Omaha & Kansas City RailroadMissouri Court of Appeals · 1914