Hicks v. Jackson
Supreme Court of Missouri
Appeal from Saline Circuit Court.—Host. W. T. "Wood, Judge. (1) The action was one at law and the court erred in ordering Hurt to be brought in as a co-defendant. 2 J ones on Mortgages, 889 ; McNair v. Picotte, 33 Mo. 57; Wright v. Cornelius, 10 Mo. 174; Wolff v. Schaeffer, 4 Mo. App.. 367; C., 74 Mo. 154. Although our courts of law and equity are blended, the distinction between law and equity proceedings exists as much as ever in this state.
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Appeal from Saline Circuit Court.—Host. W. T. "Wood, Judge. (1) The action was one at law and the court erred in ordering Hurt to be brought in as a co-defendant. 2 J ones on Mortgages, 889 ; McNair v. Picotte, 33 Mo. 57; Wright v. Cornelius, 10 Mo. 174; Wolff v. Schaeffer, 4 Mo. App.. 367; C., 74 Mo. 154. Although our courts of law and equity are blended, the distinction between law and equity proceedings exists as much as ever in this state. Myers v. Field, 37 Mo. 434; Pauly ». Vogle, 42 Mo. 303 ; Wynn v. Corey, 43 Mo. 301. (2) As the issues were purely in law, the court could not render a…
1Opinion of the CourtRay, J.
The facts, presented by this record, are so involved and complicated, that it is quite difficult to summarize them, or to determine, or state with accuracy, their precise import and meaning. At the beginning, however, the case was simple enough; but in the progress of the cause, by reason of the introduction of a new party as a co-defendant, and the pleadings and issues between them, as well as those between the original plaintiff and defendant, the case became, as above suggested, quite involved and complicated. The action, as originally commenced by plaintiff, Hicks, against defendant,…
2Cited by3 opinions
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