Legal Opinion

Doherty v. Doherty

Missouri Court of Appeals

Decided February 21, 1911PublishedCited by 2 opinions

Appeal from St. Louis City Circuit Court. — Hon. George H. Williams, Judge. (1) The court erred in refusing to admit in evidence appellants’ exhibits A, B, C, D, E and F, the bills received for the goods at time of purchase by appellant, and exhibit H, the receipt for the horse in evidence. Wells v. Hobson, 91 Mo.

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Appeal from St. Louis City Circuit Court. — Hon. George H. Williams, Judge. (1) The court erred in refusing to admit in evidence appellants’ exhibits A, B, C, D, E and F, the bills received for the goods at time of purchase by appellant, and exhibit H, the receipt for the horse in evidence. Wells v. Hobson, 91 Mo. App. 379; Nelson v. Nelson, 90 Mo. 460; Milling Co. v. Walsh, 108 Mo. 277; Briggs v. Henderson, 49 Mo. 531; Bettes v, Magoon, 85 Mo. 580; Drever v. Dieckman, 131 Mo. App. 660. (2) The court erred in refusing to give the instruction as offered by appellant, and in giving same as…

1Opinion of the CourtNortoni, J.

This is a suit in replevin. The finding and judgment were for defendant and plaintiff prosecutes the appeal.

It appears the parties were formerly husband and wife, but the marriage relation was dissolved by a decree of divorce recently before the institution of this suit in replevin. The subject-matter of the controversy is the household furniture,' and a horse which the parties jointly used during the last four years of their mjarried life. At the time the suit was instituted, the household furniture and horse were in possession of defendant, who was the prior husband, at the residence where…

2Cases cited5 opinions

  1. Anchor Milling Co. v. WalshSupreme Court of Missouri · 1891
  2. Wright v. Chicago, Burlington & Quincy RailroadMissouri Court of Appeals · 1906
  3. Ellison v. AlbrightNebraska Supreme Court · 1894
  4. State ex rel. Smith v. JonesMissouri Court of Appeals · 1900
  5. Ford v. SmithCalifornia Supreme Court · 1855

3Cited by2 opinions

  1. Bass v. DaetwylerMissouri Court of Appeals · 1957
  2. Dowd v. SchoeningMissouri Court of Appeals · 1955

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