Moore v. Gibson
Missouri Court of Appeals
(1) A bill in equity seeking to subject specific property of the church association to the payment of appellant’s debt is the proper remedy, and the trustees are the only necessary parties defendant. Bushong v. Taylor, 82 Mo. 660. (2) The appellant’s present action is not barred by the Statute of Limitations because this action was brought within one year after the termination of the first suit.
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(1) A bill in equity seeking to subject specific property of the church association to the payment of appellant’s debt is the proper remedy, and the trustees are the only necessary parties defendant. Bushong v. Taylor, 82 Mo. 660. (2) The appellant’s present action is not barred by the Statute of Limitations because this action was brought within one year after the termination of the first suit. R. S. 1899, sec. 4285; Briant v. Fudge, 63 Mo. 489; Chouteau v. Rowse, 90 Mo. 191; Wetmore v. Crouch, 188 Mo. 647. (1) Plaintiff’s action is barred by tbe Statute of Limitations. It is only by tbe…
1Opinion of the CourtEllison, J.
Tbe defendants are trustees of Methodist Episcopal Church (colored) of Carthage. The trustees of the church executed a note to plaintiff for $107.43, dated February 1,1889,. and due the first of February, 1890. In December, 1893, plaintiff brought suit on the note, and judgment thereon was rendered in his favor in September, 1894. An execution was issued on the judgment and upon being levied on property of defendants, it was, on defendants’ motion, quashed by the circuit court. Plaintiff appealed from this action and the judgment was reversed and the cause remanded by us in May, 1902 (see 94…
2Cases cited1 opinion
- Moore v. StemmonsMissouri Court of Appeals · 1906
3Cited by1 opinion
- Kelly v. City of HigginsvilleMissouri Court of Appeals · 1914