State ex rel. Stevens v. Waples
Missouri Court of Appeals
Appeal from Jackson Circuit Court, Hon. Turner A. Gill, Judge. The facts sufficiently appear in the opinion of the court. I. A person need not necessarily be a party to a suit in order to be concluded by the judgment.
Read the full summary
Appeal from Jackson Circuit Court, Hon. Turner A. Gill, Judge. The facts sufficiently appear in the opinion of the court. I. A person need not necessarily be a party to a suit in order to be concluded by the judgment. If the wife were present at the suit by her attorney, claiming the goods, and cross-examined witnesses in regard to the title, she 'should be concluded. — Haney v. Turner, 46 Mo. 444; Strong v. The Phoenix, 62 Mo. 289; Wood v. Has el, 63 Mo. 193; Landis v. Hamilton, 77 Mo. 555, aud cases cited. II. A party whose goods are not seized has no right to sue in the attachment bond. —…
1Opinion of the Court
Opinion by
Ellison, J.
The defendants brought suit by attachment, on an account for furniture, against the plaintiffs, who were then and are now husband and wife.' This action is on the attachment bond given in that case and is prosecuted by the wife, the husband being joined nominally, by requirement of the statute. Before the trial in that case the cause was dismissed as to the wife and proceeded to judgment in favor of the husband, on the plea in abatement and against him on the merits.
The appellants complain of the following instruction given by the court on the trial of this cause: “The…
2Cases cited8 opinions
- Weil v. SimmonsSupreme Court of Missouri · 1877
- Gage v. GatesSupreme Court of Missouri · 1876
- Williams v. JensenSupreme Court of Missouri · 1882
- Higgins v. PeltzerSupreme Court of Missouri · 1871
- Musick v. DodsonSupreme Court of Missouri · 1882
3 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Bachman v. LewisMissouri Court of Appeals · 1887
- Nicholson v. FlynnMissouri Court of Appeals · 1887
- State ex rel. Rogers v. Gage Bros. & Co.Missouri Court of Appeals · 1893