State Gieringer v. Dampf

Full title: STATE EX REL. AND TO USE OF ARNOLD A. GIERINGER, PLAINTIFF-APPELLANT, v…

Court: St. Louis Court of Appeals, Missouri

Date published: May 18, 1951

238 S.W.2d 876 (Mo. Ct. App. 1951)

Opinion

No. 28250.

April 17, 1951. Rehearing Denied May 18, 1951.

APPEAL FROM CIRCUIT COURT, ST. LOUIS COUNTY; RAYMOND E. LaDRIERE, JUDGE.

A. A. Gieringer, Farmington, Mo., presented his own case.

Moser, Marsalek, Carpenter, Cleary Carter, Lee M. Carter, St. Louis, for respondents.

WOLFE, Commissioner.

This appeal reaches us by transfer from the Supreme Court with the case of State ex rel. Gieringer v. Killgore and The Fidelity and Deposit Company of Maryland. It is stipulated by the parties that the law and facts involved herein are in all respects similar to those in the Killgore case.

For the reasons stated in our opinion in State ex rel. Gieringer. v. Killgore et al., Mo.App., 238 S.W.2d 874, the judgment of the trial court should be affirmed, and the Commissioner so recommends.

[3] PER CURIAM.

The foregoing opinion of WOLFE, C., is adopted as the opinion of the court.

The judgment of the circuit court is accordingly affirmed.

ANDERSON, P.J., and McCULLEN and BENNICK, JJ., concur.