H. T. Simon-Gregory Dry Goods Co. v. McMahan
Missouri Court of Appeals
Appeal from the Barry Circuit Court.—Hon. J. C. Lamson, Judge. (1) The sheriff is not only a quasi party to the suit, but -he is directly interested in the result of the trial of the cause; he is interested in favor of the plaintiff, because, if the interpleader is successful in the suit, then he becomes liable as a trespasser. State ex.rel. v. Baker, 26 Mo. App. 487, and cases cited.
Read the full summary
Appeal from the Barry Circuit Court.—Hon. J. C. Lamson, Judge. (1) The sheriff is not only a quasi party to the suit, but -he is directly interested in the result of the trial of the cause; he is interested in favor of the plaintiff, because, if the interpleader is successful in the suit, then he becomes liable as a trespasser. State ex.rel. v. Baker, 26 Mo. App. 487, and cases cited. (2) The beneficiaries, mentioned in the deed of trust, should not have been excluded' from the court room during the progress of the trial. They are parties in interest, and, therefore, had a right to be present…
1Opinion of the CourtBiggs, J.
—On the sixteenth day of February, 1894, the defendant McMahan mortgaged and delivered to Earle, the interpleader herein, a chattel mortgage on a stock of goods to secure various alleged creditors, whose debts, as stated in the mortgage, amounted to about $3,800. The mortgage was filed for record on the same day, and the possession of the goods turned over to Earle. The mortgage provided that he should sell the goods for the purpose of satisfying the alleged claims. Three days after the execution of the mortgage the plaintiff attached the goods as the property of McMahan, and they were taken…
2Cases cited6 opinions
- State ex rel. Robertson v. HopeSupreme Court of Missouri · 1890
- Ryan v. CouchSupreme Court of Alabama · 1880
- Boland v. RossSupreme Court of Missouri · 1894
- State v. LeaboSupreme Court of Missouri · 1886
- Chester v. BowerCalifornia Supreme Court · 1880
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- State ex rel. Lange v. A. F. Shapleigh Hardware Co.Supreme Court of Missouri · 1898