Pearce v. Burns
Decision Date | 31 March 1856 |
Parties | PEARCE, Respondent, v. BURNS, et al., Appellants. |
Court | Missouri Supreme Court |
1. Where a cause is tried by the court sitting as a jury, the finding of the facts should warrant the conclusion of law declared by the court and the judgment rendered; in reviewing the law of a case upon the facts found, the supreme court will not, from the facts, as found, infer or declare the existence of other facts.
Error to St. Louis Court of Common Pleas.
This was a suit commenced by attachment upon two promissory notes, executed by defendants, James Burns and Henry Burns, amounting in the aggregate to $283 50. The writ of attachment was predicated upon an affidavit that defendants had “fraudulently concealed or disposed of their property and effects so as to hinder and delay their creditors.” This writ was served upon E. G. Roberts and Benjamin F. Kerr, of the firm of Roberts, Kerr & Co., as garnishees.
Defendants put in issue, by a plea, the truth of the facts alleged in the affidavit. Upon the issue thus raised, the court sitting as a jury, found for plaintiff, and judgment by default was afterwards given for plaintiff for the full amount of the notes sued upon. The following is the finding of the facts by the court upon the issue raised by the plea to the affidavit: ...
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McBride v. Bank & Trust Co., 31671.
...party and to compel that court to state theory of decision. Bailey v. Wilson, 29 Mo. 21; Nichols v. Carter, 49 Mo. App. 401; Pearce v. Burns, 22 Mo. 577. (b) Authorities reviewed. Korneman v. Davis, 281 Mo. 234, 219 S.W. 904; St. Louis Hospital Assn. v. Williams, 19 Mo. 609; Sutter v. Strei......
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McBride v. Mercantile-Commerce Bank & Trust Co.
... ... decision. Bailey v. Wilson, 29 Mo. 21; Nichols ... v. Carter, 49 Mo.App. 401; Pearce v. Burns, 22 ... Mo. 577. (b) Authorities reviewed. Korneman v ... Davis, 281 Mo. 234, 219 S.W. 904; St. Louis Hospital ... Assn. v ... ...
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In re Kansas City Star Co.
... ... appellants. Bailey v. Wilson, 29 Mo. 21; Nichols ... v. Carter, 49 Mo.App. 401; Pearce v. Burns, 22 ... Mo. 577; Korneman v. Davis, 281 Mo. 234, 219 S.W ... 904; St. Louis Hospital Assn. v. Williams, 19 Mo ... 609; Leilich v ... ...
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In re Kansas City Star Co.
...and refuse to make findings of fact offered by appellants. Bailey v. Wilson, 29 Mo. 21; Nichols v. Carter, 49 Mo. App. 401; Pearce v. Burns, 22 Mo. 577; Korneman v. Davis, 281 Mo. 234, 219 S.W. 904; St. Louis Hospital Assn. v. Williams, 19 Mo. 609; Leilich v. Chevrolet Motor Co., 40 S.W. (2......