Legal Opinion

City of St. Joseph ex rel. Zeilda v. Baker

Missouri Court of Appeals

Decided May 22, 1905PublishedCited by 2 opinions

Appeal from Buchanan Circuit Court. — Eon. A. M. Woodson, Judge. (1) The foremost error in this case is. allowing the deposition of Nell Adams McKinney to he read.

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Appeal from Buchanan Circuit Court. — Eon. A. M. Woodson, Judge. (1) The foremost error in this case is. allowing the deposition of Nell Adams McKinney to he read. By this deposition it appears that John W. Baker, after he was sued and served in this case, took this same blank, which the deposition identifies, and wrote upon it over his original signature new descriptions, new dates, new considerations, and such terms as to actually change the title to the lot in controversy; and yet, in fraud of this plaintiff, in fraud of the registry act, before he had pleaded herein, and in violation of…

1Opinion of the CourtJohnson, J.

— Action founded upon a special tax-bill issued against certain real estate in St. Joseph for the construction of a sewer. This is the second appeal taken by plaintiff. On the former occasion we reversed and remanded the cause for error in the admission of evidence. [86 Mo. App. 310.] In view of the probability of a retrial we announced the law controlling the case. No reason appears for re-examination of the questions then decided, and our consideration now will be confined to points raised for the first time upon the present appeal. [Leicher v. Keeney, 110 Mo. App. 292, 85 S. W. 920.]

The…

2Cases cited4 opinions

  1. Jaicks v. SullivanSupreme Court of Missouri · 1895
  2. Smith v. BarrettMissouri Court of Appeals · 1890
  3. City of St. Joseph ex rel. Forsee v. BakerMissouri Court of Appeals · 1900
  4. Leicher v. KeeneyMissouri Court of Appeals · 1905

3Cited by2 opinions

  1. Granite Bituminous Paving Co. v. Parkview Realty & Improvement Co.Missouri Court of Appeals · 1918
  2. Granite Bituminous Paving Co. v. Parkview Realty & Improvement Co.Missouri Court of Appeals · 1912

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