Peyton v. Rose
Supreme Court of Missouri
Error to Fifth District Court. I. The defendant in his answer having admitted that suit was brought by ¥m. S. Peyton against Francis Marion Rose, by the name of Marion Rose, and that judgment was recovered as stated in said petition, was precluded from raising on the trial the question of variance between the said allegations of the petition and the record of said suit and judgment— Cummings v. Gubridge, 17 Mo. 470. II.
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Error to Fifth District Court. I. The defendant in his answer having admitted that suit was brought by ¥m. S. Peyton against Francis Marion Rose, by the name of Marion Rose, and that judgment was recovered as stated in said petition, was precluded from raising on the trial the question of variance between the said allegations of the petition and the record of said suit and judgment— Cummings v. Gubridge, 17 Mo. 470. II. There is no variance between the allegations of the petition and the proof adduced on the trial — 1 Greenl. Ev. 67 ; 1 Cow. &H. Notes to Phill. Ev. 674; 5 Pick. 232, 235;…
1Opinion of the CourtHolmes, Judge
The plaintiff recovered judgment in this action in the Buchanan Court of Common Pleas, which was affirmed on writ of error to the District Court of the fifth district, and the defendant appeals to this court.
The case appears to have been tried in the court below as a cause of action in the nature of a bill in equity. 'jThe general object of the petition was to have a conveyance''declared void as being a fraud upon the rights of the plaintiff., It was alleged, among other things, that one Wm. S. Peyton, the father of the plaintiff, had brought a suit against one Francis Marion Rose for…
2Cases cited5 opinions
- Mooney v. KennettSupreme Court of Missouri · 1854
- Janney v. SpeddenSupreme Court of Missouri · 1866
- Meyers v. FieldSupreme Court of Missouri · 1866
- Billon v. LarimoreSupreme Court of Missouri · 1866
- Miltenberger v. MorrisonSupreme Court of Missouri · 1866
3Cited by17 opinions
- Henderson v. DickeySupreme Court of Missouri · 1872
- Jones v. MooreSupreme Court of Missouri · 1868
- Riggs v. PriceSupreme Court of Missouri · 1919
- Ames v. GilmoreSupreme Court of Missouri · 1875
- Morrell v. FerrierSupreme Court of Colorado · 1883
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