Berry v. Rood
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Now. O’Neill Ryan, Judge. (1) "When this case was here on the former appeal it was reversed and remanded for a new trial, and not with directions to enter any particular judgment.
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Appeal from St. Louis City Circuit Court. — Now. O’Neill Ryan, Judge. (1) "When this case was here on the former appeal it was reversed and remanded for a new trial, and not with directions to enter any particular judgment. State ex rel. v. St. Louis Circuit Court, 41 Mo. 574; State v. Newkirk, 49 MO'. 474; Updike v. Park, 11 111. App. 357; City v. Bogardus, 188 111. 74; Duns-more v. Rouse, 211 111. 317; Hawkins v. Railroad, 99 Fed. 322.- (2) And the action of the circuit court in sustaining plaintiff’s motion for judgment and entering a decree thereon against defendants was erroneous.…
1Opinion of the CourtValliant, P. J.
In a suit then pending in the St. Louis Circuit Court in which F. J. McMaster, assignee, etc., was plaintiff, and the Ozark Onyx Company, a corporation, was defendant, A. Moore Berry, the plaintiff in this suit, was appointed receiver to collect the assets and wind up’ the affairs of the corporation which was in that suit adjudged to be insolvent. Among orders made in that suit was one directing the receiver to ascertain who were creditors and how much was owing each and to bring suit against the stockholders of the corporation to collect the balances, if any, due on their stock subscriptions…
2Cases cited5 opinions
- Berry v. RoodSupreme Court of Missouri · 1902
- Patterson v. PattersonSupreme Court of Missouri · 1906
- Guinan v. DonnellSupreme Court of Missouri · 1907
- State ex rel. Guinan v. JarrottSupreme Court of Missouri · 1904
- Pitts v. PittsSupreme Court of Missouri · 1907
3Cited by7 opinions
- Spotts v. SpottsSupreme Court of Missouri · 1932
- Aetna Ins. Co. v. O'malley.Supreme Court of Missouri · 1939
- Babbitt v. ReadCourt of Appeals for the Second Circuit · 1916
- State Ex Rel. Morton v. CaveSupreme Court of Missouri · 1949
- City of Macon v. AtkinsonSupreme Court of Missouri · 1916
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