Ragan v. McCoy
Supreme Court of Missouri
Error to Clay Circuit Court. This was a suit commenced in the year 1853 by Jacob Ragan, F. P. McGee, William Gillis, Robert Campbell, and William B. Evans, against John 0. McCoy and the unknown heirs of Henry Jobe, deceased. William B. Evans dying, his heirs were made parties plaintiff. The suit was originally commenced before the Jackson circuit court. It was transferred by change of venue to Clay county.
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Error to Clay Circuit Court. This was a suit commenced in the year 1853 by Jacob Ragan, F. P. McGee, William Gillis, Robert Campbell, and William B. Evans, against John 0. McCoy and the unknown heirs of Henry Jobe, deceased. William B. Evans dying, his heirs were made parties plaintiff. The suit was originally commenced before the Jackson circuit court. It was transferred by change of venue to Clay county. Plaintiffs in their petition state that in the year 1838 an association was formed by certain individuals, (including some of the plaintiffs and McCoy, the defendant,) fourteen in number,…
1Opinion of the CourtScott, Judge
This suit was commenced whilst the practice act of 1849 was in force • consequently it should have been conducted according to the provisions of that act. It was an action for the recovery of money, and therefore under the said act was properly triable by a jury. The prayer for a discovery did not the less make it a case to be tried by a jury. We have held that the act of 1849 abolished the bill for a discovery. (Worley v. Bond, 26 Mo. 253.) The case, then, being one for a jury, the court had no right to share its functions and take upon itself a portion of its duties. In cases to be tried by…
2Cases cited4 opinions
- Woolever v. KnappNew York Supreme Court · 1854
- City of Hannibal v. DraperSupreme Court of Missouri · 1852
- Bond v. WorleySupreme Court of Missouri · 1858
- Simonds v. PettiboneSupreme Court of Missouri · 1834
3Cited by17 opinions
- Neil v. Independent Realty Co.Supreme Court of Missouri · 1927
- Lilly v. MenkeSupreme Court of Missouri · 1894
- Hahn v. HahnSupreme Court of Missouri · 1957
- Humphries v. DavisIndiana Supreme Court · 1885
- Meadowbrook Country Club v. DavisSupreme Court of Missouri · 1967
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