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Smith v. Finn

Smith v. Finn, 77 Mo. 499 (1883)
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Court
Supreme Court of Missouri · State Highest Courts
Decided
April 15, 1883
Judges
Hough, Other
Citations
77 Mo. 499
Disposition
Affirmed.
Headnotes
Foreclosure of Mortgage. An action under the statute for the foreclosure of a mortgage, is one at law and not in equity. Hence, where the case is tried by the court without a jury and no declarations of law are asked or given, if there is evidence to support the judgment below, there is nothing for this court to review.
Summary
Appeal from Vernon Circuit Court. — Hon. J. I). Parkinson, Judge.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Hough

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Hough, C. J.

This is an action under the statute for the foreclosure of a mortgage. The case was tried by the court without the aid of a jury. No instructions were asked by the parties and none were given by the court. *500 The court rendered final judgment for the defendants and also dismissed the petition of the plaintiff, acting upon the erroneous theory, we presume, that the suit before him was one in equity. The testimony, though conflicting* supports the judgment of the circuit court in favor of the defendants, and there being no declarations of law, there is nothing for us to review. The judgment of the circuit court will, therefore, be affirmed.

The other judges concur.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1891: 11898: 11905: 11917: 118912026peak 1891 · 1

Relies on it most ⓘ

  1. Wolff v. Ward104 Mo. 127 (1891)
  2. Brannock v. Jaynes193 S.W. 51 (Mo. Ct. App. 1917)
  3. White v. Black90 S.W. 1153 (Mo. Ct. App. 1905)
  4. Morris v. Scherer76 Mo. App. 401 (1898)

Most recent

  1. Brannock v. Jaynes193 S.W. 51 (Mo. Ct. App. 1917)
  2. White v. Black90 S.W. 1153 (Mo. Ct. App. 1905)
  3. Morris v. Scherer76 Mo. App. 401 (1898)
  4. Wolff v. Ward104 Mo. 127 (1891)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 0

No citations to other opinions in this database were found.

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