Medlin v. Morris
Supreme Court of Missouri
Appeal from Buchanan Circuit Court. — Mon. L. J. Eastin, Judge. (1) The decree of the circuit court is not sustained by the evidence, is against the evidence and the weight of the evidence. (2) This case is here to be tried, if at all, upon the evidence before the court, and not upon a review of errors. It is to be tried de novo, according to the decisions of this eourt heretofore rendered in such cases.
Read the full summary
Appeal from Buchanan Circuit Court. — Mon. L. J. Eastin, Judge. (1) The decree of the circuit court is not sustained by the evidence, is against the evidence and the weight of the evidence. (2) This case is here to be tried, if at all, upon the evidence before the court, and not upon a review of errors. It is to be tried de novo, according to the decisions of this eourt heretofore rendered in such cases. Miller v. McCaleb, 208 Mo. 562; Walther v. Null, 233 Mo. 110; Creamer v. Bivert, 214 Mo. 413; Chambers v. Chambers, 227 Mo. 262. This court, in equity cases, does not defer much to the…
1Opinion of the CourtLamm, J.
James N. and Katie E. Morris were baron and femme. In 1908 said baron sued his femme in equity in the circuit court of Buchanan. The object and general nature of the bill was to declare a resulting trust in his favor in certain real properties, to divest title out of his wife and vest it into himself, and (in aid of the suit) to have a receiver appointed pendente lite to take charge, collect rents, insurance losses, pay taxes and make repairs. By amendment to the bill a certain policy on the life of plaintiff for the benefit of defendant, issued by the New Tork Life Insurance Company for…
2Cited by2 opinions
- Brooks v. BrooksSupreme Court of Missouri · 1948
- Johnson v. JohnsonMissouri Court of Appeals · 1954