Dobbins v. Hyde
Supreme Court of Missouri
Appeal from the St. Louis Court of Common Pleas. I. It appeared in evidence that the plaintiffs could have no persona standi in judicio, being public enemies, and the first instruction should have been given. (1 Gall. 366 ; U. S. v. 127 pkgs., 11 Am. L. Reg., 2 N. S., 419 ; -U. S. v. 100 bbls.',12 Am. L. R.; 3 N. S., 735 ; Mrs. Alexander’s cotton, 2 Wall.
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Appeal from the St. Louis Court of Common Pleas. I. It appeared in evidence that the plaintiffs could have no persona standi in judicio, being public enemies, and the first instruction should have been given. (1 Gall. 366 ; U. S. v. 127 pkgs., 11 Am. L. Reg., 2 N. S., 419 ; -U. S. v. 100 bbls.',12 Am. L. R.; 3 N. S., 735 ; Mrs. Alexander’s cotton, 2 Wall. U. S. 404.) Although at common law it was usual to require the defence of alien enemies to be pleaded either in abatement or bar, yet this defence might be given in evidence under the general issue. (1 Chit. PL 476, & note ; 3 Chit. Pl. 911,…
1Opinion of the CourtWagner, Judge
This was an action brought under the statute for the claim and delivery of personal property, to recover possession of a lot of corn alleged by plaintiffs to belong to them and wrongfully withheld by defendants. Defendants, appellants here, denied in their answer that respondents were the owners of, and entitled to the corn, and as a further defence they stated that before the commencement of this suit they were summoned as garnishees in three attachments suits pending in the St. Louis Court of Common Pleas, wherein one John T. Douglass was defendant, and that interrogatories were duly…
2Cases cited3 opinions
- Funkhouser v. HowSupreme Court of Missouri · 1856
- Gates v. KerbySupreme Court of Missouri · 1850
- Dickey v. FoxSupreme Court of Missouri · 1857
3Cited by4 opinions
- Wilson v. MurphySupreme Court of Missouri · 1870
- Mullaney v. EvansOregon Supreme Court · 1898
- Weil v. TylerSupreme Court of Missouri · 1866
- Great Lakes Coal & Coke Co. v. SegallMissouri Court of Appeals · 1933