Legal Opinion

Larimore v. Bobb

Supreme Court of Missouri

Decided February 28, 1893PublishedCited by 4 opinions

Appeal from St. Louis City Circuit Court.—Hon. L. B. Yadliant, Judge. (1) The statute (Revised Statutes, 1889, sec. 8924) reposes a discretion in the circuit court. Haskell v. Sullivan, 31 Mo. 435. And whether this discretion has been properly exercised will be reviewed by the appellate court. Haskell v. Sullivan, 31 Mo. 435; Whitsett v. Blumenthal, 63 Mo. 479; Hand v. Freund, 17 Mo. App. 618; State v. Lewis, 9 Mo.

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Appeal from St. Louis City Circuit Court.—Hon. L. B. Yadliant, Judge. (1) The statute (Revised Statutes, 1889, sec. 8924) reposes a discretion in the circuit court. Haskell v. Sullivan, 31 Mo. 435. And whether this discretion has been properly exercised will be reviewed by the appellate court. Haskell v. Sullivan, 31 Mo. 435; Whitsett v. Blumenthal, 63 Mo. 479; Hand v. Freund, 17 Mo. App. 618; State v. Lewis, 9 Mo. App. 321. (2) Witness will not be punished for contempt, for failing to attend as a witness in a civil case, unless his fees have been paid or tendered. In re Hughbanks, 24 Pac.…

1Opinion of the Court

Gíantx, P. J.

On the fifth of June, 1886, Marcus A. Wolf began an action against John H. Bobb, Philip M. Bobb and Dorsey A. Jamison, his curator, and others, in the circuit court of the city of St. Loxiis, for partition of certain real estate in said city. On the eighteenth of June, 1886, Newell Gr. Larimore was sub*449stituted in the action for Wolf, as plaintiff, and on the fifteenth of January, 1887, an amended petition was filed.

All the defendants except Philip M. Bobb, who was a minor, were served with process, either personally or by publication. T. J. Rowe, Esq., appeared as counsel for and…

2Cases cited3 opinions

  1. Eck ex rel. Taylor v. HatcherSupreme Court of Missouri · 1874
  2. Haskell v. SullivanSupreme Court of Missouri · 1862
  3. Hannibal & New London Plank Road & Bridge Co. v. BowlingSupreme Court of Missouri · 1873

3Cited by4 opinions

  1. Kentucky Finance Corp. v. Paramount Auto Exchange Corp.Wisconsin Supreme Court · 1920
  2. Vogelsong v. St. Louis Wood Fibre Plaster Co.Missouri Court of Appeals · 1910
  3. Tyson v. Farm & Home Savings & Loan Ass'nSupreme Court of Missouri · 1900
  4. Dustin v. FarrellyMissouri Court of Appeals · 1899

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