Donnelly v. Hodgson
Missouri Court of Appeals
Appeal from the St. Louis Circuit Court, Adams, J. It is immaterial, especially, as no point was made on it below, that plaintiff did not expressly declare what section she was proceeding under. Indeed, it is immaterial that she or her counsel may not have known. An erroneous theory, temporarily entertained, will not destroy a case, good on its facts. — Perry v. Turner, 55 Mo. 426 ; Voorhis v. Smith, Beggs & Co., 11 Mo. App. Ill; Benin v. Powell, 11 Mo.
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Appeal from the St. Louis Circuit Court, Adams, J. It is immaterial, especially, as no point was made on it below, that plaintiff did not expressly declare what section she was proceeding under. Indeed, it is immaterial that she or her counsel may not have known. An erroneous theory, temporarily entertained, will not destroy a case, good on its facts. — Perry v. Turner, 55 Mo. 426 ; Voorhis v. Smith, Beggs & Co., 11 Mo. App. Ill; Benin v. Powell, 11 Mo. App. 223; Scott v. Railroad Co., 75 Mo. 136 ; Hodo v. Benecke, 11 Mo. App. 393 ; Iba v. Railroad Co., 45 Mo. 469. The bank, though not…
1Opinion of the CourtBakewell, J.
This was a proceeding in the probate court, for an allowance against the estate of James B. Clemens, deceased, in favor of a judgment creditor of the Butchers and Drovers’ Bank, of which deceased was, at the time of his death, a stockholder. The demand was allowed in the probate court. On appeal to the circuit court, the claim was again allowed. On appeal to this court, the judgment of the circuit court was reversed and the cause remanded. The cause was again tried, and the finding and judgment were for defendant.
The case was tried upon the agreed statement of facts set forth in the former…
2Cases cited6 opinions
- Slee v. BloomNew York Supreme Court · 1822
- Briggs v. PennimanCourt for the Trial of Impeachments and Correction of Errors · 1826
- State Savings Ass'n v. KelloggSupreme Court of Missouri · 1873
- State Savings Ass'n v. KelloggSupreme Court of Missouri · 1876
- Kehlor v. LademannMissouri Court of Appeals · 1882
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