Hilton v. Smith

• Citation: 134 Mo. 499,35 S.W. 1137
• Parties: HILTON v. SMITH.
• Decision Date: 02 June 1896
• Court: United States State Supreme Court of Missouri

35 S.W. 1137

134 Mo. 499

HILTON v. SMITH.

Supreme Court of Missouri.

June 2, 1896.

In banc. Anna M. Hilton, as plaintiff, and Huntington Smith, as defendant, interpleading in condemnation proceedings, claim the damages assessed. From a judgment for defendant, Smith, plaintiff, Hilton, appeals. Reversed in division (33 S. W. 464), and transferred to court in banc. Affirmed.

PER CURIAM.

The foregoing opinion of MACFARLANE, J., handed down in division No. 1 (33 S. W. 464), is adopted as the opinion of the court in banc. BRACE, C. J., GANTT, SHERWOOD, BURGESS, and ROBINSON, JJ., concurring with MACFARLANE, J., therein. BARCLAY, J., dissenting. The judgment of the circuit court is therefore reversed, and cause remanded, to be proceeded with as in the opinion directed.