Hilton v. Smith

• Decision Date: 02 June 1896
• Citation: 35 S.W. 1137,134 Mo. 499
• Parties: Hilton, Interpleader, Appellant, v. Smith, Interpleader
• Court: Missouri Supreme Court

35 S.W. 1137

134 Mo. 499

Hilton, Interpleader, Appellant, v. Smith, Interpleader

Supreme Court of Missouri

June 2, 1896

Original Opinion of December 24, 1895, Reported at 134 Mo. 499

Reversed and remanded.

OPINION

IN BANC.

Per Curiam.

The foregoing opinion of Macfarlane, J., handed down in division number one, 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.