Patterson v. Yancey
Missouri Court of Appeals
Appeal from Carter Circuit Court. — Eon. J. L. Fort, Judge. (1) Upon the pleadings in the action on the bond the defendants in that action were entitled to judgment in their favor, and the Carter Circuit Court should have rendered such a judgment. Accordingly, a court of equity will do now what that court should have done in the original action. Spurger v. Hardy, 4 Mo.
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Appeal from Carter Circuit Court. — Eon. J. L. Fort, Judge. (1) Upon the pleadings in the action on the bond the defendants in that action were entitled to judgment in their favor, and the Carter Circuit Court should have rendered such a judgment. Accordingly, a court of equity will do now what that court should have done in the original action. Spurger v. Hardy, 4 Mo. App. 573; State ex rel. v. Spencer, 79 Mo. 314; Shelby County v. Bragg, 135 Mo. 291; Farris v. Coleman, 103 Mo. 352. (2) As to those plaintiffs here (defendants in the original action) who were commanded to appear at the…
1Opinion of the CourtGoode, J.
— The object of this suit is to enjoin the collection of a judgment which was recovered by C. D. Yancey, one of the defendants herein, against John E. Patterson, Gr. M. Patterson, J. A. Christian, Gr. A. Bingham, E. R. Hicks, Joseph Dalton, Herman Borth, R. C. Barrett, Thomas Clark, Neely Moore, Nathan Price, J. A. Ponder and W. H. Merrill, the plaintiffs'herein, on September 20,1900.
John F. Patterson was sheriff of Ripley county, Missouri, qualifying as such in January, 1893, and during bis term C. D. Yancey recovered a judgment against one Lane in which an execution was issued and delivered…
2Cases cited42 opinions
- Crim v. HandleySupreme Court of the United States · 1877
- Dormitzer v. German Savings & Loan SocietyWashington Supreme Court · 1900
- State ex rel. Ozark County v. TateSupreme Court of Missouri · 1891
- Hamilton v. McLeanSupreme Court of Missouri · 1897
- Phelps, Dodge & Co. v. C. B. Conant & Co.Supreme Court of Vermont · 1858
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3Cited by9 opinions
- State ex rel. Priddy v. GibsonSupreme Court of Missouri · 1905
- Fenn v. ReberMissouri Court of Appeals · 1910
- Cooper v. Armour & Co.Missouri Court of Appeals · 1929
- Ranney v. Hammond Packing Co.Missouri Court of Appeals · 1908
- State ex rel. Vaught v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of Missouri · 1917
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