Home Savings Bank v. Fiske
Missouri Court of Appeals
Appeal from Callaway Circuit Court. — Hon. E. W. Hinton, Special Judge. (1) When there are no declarations of law given by the court, the appellate court will presume that the trial court took a correct view of the law, if there was substantial evidence to support a verdict on that theory. The theory of the trial court in this cause could only have been that appellant by “laches” had forfeited its rights.
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Appeal from Callaway Circuit Court. — Hon. E. W. Hinton, Special Judge. (1) When there are no declarations of law given by the court, the appellate court will presume that the trial court took a correct view of the law, if there was substantial evidence to support a verdict on that theory. The theory of the trial court in this cause could only have been that appellant by “laches” had forfeited its rights. We contend that there is not a scintilla of evidence to justify the court in so holding. Gibson v. Bailey Co., 114 M’o. App. 350. (1) A judgment in an action at law tried by the court…
1Opinion of the CourtBroaddtjs, P. J.
The plaintiff began this suit before a justice of the peace to enforce the collection of a debt for $77 from the defendants, James H. Fiske et ah, and a writ of attachment was sued out and certain property of defendants seized by the officer.
While the suit was pending before the justice, Hudnall-I-Iumphreys Furniture Co. filed its interplea claiming to be the owner of all the attached property. A trial was had and judgment was rendered in favor of the interpleader, from which the plaintiff appealed. On the trial in the circuit court a jury was waived and by consent of parties the cause was…
2Cases cited4 opinions
- Gaines v. FenderSupreme Court of Missouri · 1884
- Miller v. BrenekeSupreme Court of Missouri · 1884
- Rice, Stix & Co. v. McClure & HarperMissouri Court of Appeals · 1898
- Hill v. KingslandSupreme Court of Missouri · 1895
3Cited by2 opinions
- Missouri Pacific Railroad Company v. TerrellMissouri Court of Appeals · 1966
- Baack, Dyer & Brecht Millinery Co. v. Chicago & Alton RailroadMissouri Court of Appeals · 1914