Schooler v. Schooler
Missouri Court of Appeals
Appeal from Jasper Circuit Court. — Hon. -M. G. McGregor, J. Statement of case by the court. This is an action of replevin instituted by the plaintiff, Manila Schooler, a married woman, with whom is joined I. N. Schooler as her husband. The subject matter of controversy is certain household goods, and a cow and calf, alleg’éd to be the property of the plaintiff, Marilla. The suit was brought in a justice’s court, where-the plaintiff recovered judgment.
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Appeal from Jasper Circuit Court. — Hon. -M. G. McGregor, J. Statement of case by the court. This is an action of replevin instituted by the plaintiff, Manila Schooler, a married woman, with whom is joined I. N. Schooler as her husband. The subject matter of controversy is certain household goods, and a cow and calf, alleg’éd to be the property of the plaintiff, Marilla. The suit was brought in a justice’s court, where-the plaintiff recovered judgment. The defendant duly prosecuted his appeal to the circuit court. When the case came up there for trial before a jury, the following paper was…
1Opinion of the Court
Opinion by
Philips, P. J.
1. The action of the court in refusing to dismiss the suit at the instance of I. N. Schooler, is assigned for error. It would be sufficient to say in respect to this contention, that, even if the court erred in this matter, no one but the plaintiff, I. N. Schooler, could take advantage of it. He has not appealed from this judgment, nor is he making any complaint here of this action of the trial court. And had the court permitted him to withdraw, it would not have worked a discontinuance of the suit, because the plaintiff had abandoned his wife, abjured the state, and…
2Cases cited7 opinions
- McCoy v. HyattSupreme Court of Missouri · 1883
- Sloan v. TorrySupreme Court of Missouri · 1883
- Davis v. ZimmermanMichigan Supreme Court · 1879
- Irwin v. WellsSupreme Court of Missouri · 1821
- Noffsinger v. BaileySupreme Court of Missouri · 1880
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3Cited by12 opinions
- Lewis v. LewisSupreme Court of Missouri · 1945
- Cartall v. St. Louis Union Trust Co.Supreme Court of Missouri · 1941
- Clark v. People's Collateral Loan Co.Missouri Court of Appeals · 1891
- Gartside v. PahlmanMissouri Court of Appeals · 1891
- Zeliff v. SchusterMissouri Court of Appeals · 1888
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