State ex rel. Toebben v. Brady
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Hon.. Daniel D. Fisher, Judge. (1) The petition does nor state facts sufficient-to constitute a cause of action. Broion v. Hoffmeister, 71 Mo. 411; State to use v. Broolce, 29- Mo. App. 289. (2) Upon the pleading and proof the-judgment should have been in favor of defendants and against plaintiff. (3) The law presumes that money-deposited in bank in the joint names of husband and. -wife is the husband’s money.
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Appeal from the St. Louis City Circuit Court. — Hon.. Daniel D. Fisher, Judge. (1) The petition does nor state facts sufficient-to constitute a cause of action. Broion v. Hoffmeister, 71 Mo. 411; State to use v. Broolce, 29- Mo. App. 289. (2) Upon the pleading and proof the-judgment should have been in favor of defendants and against plaintiff. (3) The law presumes that money-deposited in bank in the joint names of husband and. -wife is the husband’s money. Hemsereich v. Corlas,. 24 Mo. App. 264; McFarren v. Kinney, 22-Mo. App. 555. . • (1) There may be a joint tenancy in personal property as…
1Opinion of the CourtBiggs, J.
— By the first and second subdivisions of section 4903 of the Revised Statutes of 1889, certain property therein mentioned, when owned by the head. *204of a family, is exempt from attachment and execution. By section 4906 each head of a family may, in lieu of the property above mentioned, select and hold as exempt any other property, whether real or personal, debts or wages, not exceeding in value $300. Section 4907 makes it the duty of the officer having the execution to notify the debtor of his exemption rights. The relator brought the present action against the defendant Brady and sureties on…
2Cases cited3 opinions
- Polk's Administrator v. AllenSupreme Court of Missouri · 1854
- Shields v. StillmanSupreme Court of Missouri · 1871
- State ex rel. Tilden v. BeamerSupreme Court of Missouri · 1880
3Cited by2 opinions
- Ryan v. FordMissouri Court of Appeals · 1910
- Armstrong v. JohnsonMissouri Court of Appeals · 1902