Robertson v. Shepherd
Supreme Court of Missouri
Appeal from Cass Circuit Court. — Hon. W. W. Wood, Judge. (1) In equity eases, the evidence is reviewable by tbe appellate court as upon first impression. It is tbe duty of tbe ■court to review tbe evidence and make its finding of facts. And it may admit or exclude evidence that was admitted or rejected by tbe trial court. Baxter v. Donnell, 69 Mo. App. 588; Goodrich v. Harrison, 130 Mo. 263; Bush v. Arnold, 50 Mo.
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Appeal from Cass Circuit Court. — Hon. W. W. Wood, Judge. (1) In equity eases, the evidence is reviewable by tbe appellate court as upon first impression. It is tbe duty of tbe ■court to review tbe evidence and make its finding of facts. And it may admit or exclude evidence that was admitted or rejected by tbe trial court. Baxter v. Donnell, 69 Mo. App. 588; Goodrich v. Harrison, 130 Mo. 263; Bush v. Arnold, 50 Mo. App. 8; Hanna v. Land Co., 126 Mo. 1; Downing v. Dinwiddie, 132 Mo. 92; Harlan v. Moore, 132 Mo. 483; Padley v. Neill, 134 Mo. 372; Reynolds v. Kroff, 144 Mo. 433 ; Blont v.…
1Opinion of the CourtBurgess, J.
The petition alleges that on the fifth day of June 1891, the plaintiff, together with his wife, executed a promissory note in the sum of $2,000, together with ten interest coupons for $70 each, all of which coupons have been paid, which note was made payable to Samuel B. Smith, and to secure the payment of it, the plaintiff and his wife executed to D. E. Stoner, trustee for Smith, a deed of trust on property in Kansas City, Missouri, described as lot 6 and the south eleven feet of lot 5, block 4, East Side Place; that the deed of trust was recorded at Kansas City on July 14, 1891, that the…
2Cases cited9 opinions
- Chouteau v. AllenSupreme Court of Missouri · 1879
- Benne v. SchneckoSupreme Court of Missouri · 1889
- Springer v. KleinsorgeSupreme Court of Missouri · 1884
- Peck v. ChouteauSupreme Court of Missouri · 1886
- Baldwin v. WhitcombSupreme Court of Missouri · 1880
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3Cited by4 opinions
- State v. FriendSupreme Court of Iowa · 1931
- Carroll County v. CuthbertsonSupreme Court of Iowa · 1907
- Johnson v. FechtMissouri Court of Appeals · 1902
- L. M. Rumsey Manufacturing Co. v. KaimeSupreme Court of Missouri · 1903