Peake v. Webb
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — No». Edivard N Porterfield, Judge* (1) This is an agreed case under section 793,. Revised Statutes 1899, which is a case without action,, which means without filing a suit; having summons issue and having the defendant brought into court against his will, followed by the usual steps in a suit; and it is to be distinguished from cases where there is an-agreement after suit is begun, as to certain evidential facts.
Read the full summary
Appeal from Jackson Circuit Court. — No». Edivard N Porterfield, Judge* (1) This is an agreed case under section 793,. Revised Statutes 1899, which is a case without action,, which means without filing a suit; having summons issue and having the defendant brought into court against his will, followed by the usual steps in a suit; and it is to be distinguished from cases where there is an-agreement after suit is begun, as to certain evidential facts. (2) An agreed case stands for a petition, answer, all the evidence and a verdict by the jury returned to the court, and leaves the only duty of…
1Opinion of the CourtBroaddus, P. J.
This is a suit in equity to set aside an agreed case as provided by section 793, Revised Statutes 1899. The plaintiff is the receiver of the assets of the Siegel-Sanders Live Stock Commission Company with authority as such to sue and be sued. The agreed case was as follows:
First. It was agreed that on May 7, 1901, that W. B. Grimes, Jr., entered into a contract in writing wherein he recites that he held the title in his own name for Frank Siegel, who was indebted to the Siegel-Sandors Live Stock Commission Company, to about sixteen hundred acres of land situated in Clark county, Kansas; that…
2Cases cited5 opinions
- West v. PlattMassachusetts Supreme Judicial Court · 1878
- Hinkle v. KerrSupreme Court of Missouri · 1899
- Levy v. SheehanWashington Supreme Court · 1892
- Rannells v. IsgriggSupreme Court of Missouri · 1889
- State ex rel. Webb v. McCuneMissouri Court of Appeals · 1908