Ellis v. Lamme
Supreme Court of Missouri
Appeal from Fourth. District Court. I. Under the deed of trust offered in evidence, the defendant had a first lien on all the goods, merchandise, and effects therein conveyed, for the repayment to him of any sum he might be required to pay upon the note on which he was security; and the proceeds of said trust property, no matter when or by whom the same were realized, collected, or received, should have been applied: 1st, to the payment of the expenses of the trust; 2d, to…
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Appeal from Fourth. District Court. I. Under the deed of trust offered in evidence, the defendant had a first lien on all the goods, merchandise, and effects therein conveyed, for the repayment to him of any sum he might be required to pay upon the note on which he was security; and the proceeds of said trust property, no matter when or by whom the same were realized, collected, or received, should have been applied: 1st, to the payment of the expenses of the trust; 2d, to the payment of the note on which defendant was security; and neither the plaintiff nor the said W. W. Lamme had the legal…
1Opinion of the CourtWagner, Judge
The question raised and argued by counsel in regard to the pleading is irrelevant and wholly beside any issue in the case; for after the decision of the Circuit Court, with respect to the demurrer and the plea in abatement, the defendant was permitted to file his answer, and the cause proceeded to trial on the merits, without objection or exception.
There was no substitution or novation of parties within the meaning of the rule raising an assumpsit in such cases. (Manny v. Frasier, 27 Mo. 419; Edgell v. Tucker, 40 Mo. 523.) But this question is immaterial and unimportant; as the whole matter,…
2Cases cited3 opinions
- Mitchell v. LadewSupreme Court of Missouri · 1865
- Edgell v. TuckerSupreme Court of Missouri · 1867
- Manny v. Frasier's AdministratorSupreme Court of Missouri · 1858
3Cited by6 opinions
- Scherk v. NewtonCourt of Appeals for the Tenth Circuit · 1945
- Norvell v. PorterSupreme Court of Missouri · 1876
- Stewart v. Omaha Loan & Trust Co.Supreme Court of Missouri · 1920
- First National Bank of Corning v. ReidSupreme Court of Iowa · 1904
- First National Bank v. GriffithMissouri Court of Appeals · 1916
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