Houx v. Shaw
Missouri Court of Appeals
Appeal from Johnson Circuit Court, Hon. Noah M. Glvan, J. The facts are sufficiently stated in the opinion of the court. I. The answer tendered only the general issue, and matter of justification was not permissible. 1 Chitty’s Pleading (9th Am. Ed.) 500 ; Root v. Chandler, 10 Wendell 112; JDemielc v. Chapman, 11 Johnson 132; Van JBuslcirlc v. Irving, 7 Cowan 35. II.
Read the full summary
Appeal from Johnson Circuit Court, Hon. Noah M. Glvan, J. The facts are sufficiently stated in the opinion of the court. I. The answer tendered only the general issue, and matter of justification was not permissible. 1 Chitty’s Pleading (9th Am. Ed.) 500 ; Root v. Chandler, 10 Wendell 112; JDemielc v. Chapman, 11 Johnson 132; Van JBuslcirlc v. Irving, 7 Cowan 35. II. The defendants having admitted ownership of wheat in Mrs. Houx, and the taking and conversion, the burden was upon them to share their authority. 2 Greenl. Evid., section 629 (Ed. 1868). The judgment rule in the case of Hyatt v.…
1Opinion of the Court
Opinion by
Ellison, J.
The plaintiffs are husband and wife; the defendant, Shaw, was the sheriff of Johnson county; the other defendants are charged to have been his aiders and assistants in the trespass complained of in the petition. Defendant, W. C. Hyatt, in an action against George W. Houx only, obtained judgment in the circuit court of *48Johnson county against him alone, for the sum of $330.00, the judgment reciting that “said debt was created by said defendant for necessaries for his present wife, Nannie Houx, and family.” An alias execution was issued on this judgment and delivered to…
2Cases cited3 opinions
- Moore v. GammelTexas Supreme Court · 1854
- Howeth v. MillsTexas Supreme Court · 1857
- McDuffie v. GreenwayTexas Supreme Court · 1859
3Cited by5 opinions
- Stevens v. SpringerMissouri Court of Appeals · 1886
- Gabriel v. MullenMissouri Court of Appeals · 1888
- State ex rel. Fleming v. HendersonMissouri Court of Appeals · 1900
- Williamson v. WylieMissouri Court of Appeals · 1897
- Houx v. ShawMissouri Court of Appeals · 1887