Stokes v. Burns
Supreme Court of Missouri
Appeal from Clinton Circuit Court. — Hon. William S. Herndon, Judge. (1) Under the evidence introduced, the case should have been submitted to the jury. The rule is well settled that if there is any evidence tending to prove the issues, the case must go to the jury.
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Appeal from Clinton Circuit Court. — Hon. William S. Herndon, Judge. (1) Under the evidence introduced, the case should have been submitted to the jury. The rule is well settled that if there is any evidence tending to prove the issues, the case must go to the jury. Groll v. Toioer, 85 Mo. 249; Moody v. Deutsch, 85 Mo. 237; Baum v. Fryrear, 85 Mo. 151. (2) It is the duty of .the trial court in passing upon a demurrer to the evidence, to make every inference of fact in favor of the party offering the evidence which the evidence warrants, and which the jury, with any degree of propriety, might…
1Opinion of the CourtRobinson, J.
On February 12, 1892, plaintiff in this case brought suit against defendants by attachment for the recovery of $4,170.50, due for flour sold by plaintiff to defendant in car load lots shipped from Waterton, Dakota. The first car load on December 15, 1891, and the last on February 6, 1892. Under the writ of attachment issued in the case, the sheriff levied upon and seized certain flour as the property of defendants, being at the time in possession of Harry S. Piggott.
Said Harry S. Piggott filed his interplea claiming the property so seized, under a deed of trust executed by defendants February…
2Cases cited1 opinion
- Johnson-Brinkman Commission Co. v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1895
3Cited by7 opinions
- Bangs Milling Co. v. BurnsSupreme Court of Missouri · 1899
- Boettger v. RoehlingMissouri Court of Appeals · 1898
- Mapes v. BurnsMissouri Court of Appeals · 1897
- Browning v. De FordSupreme Court of the United States · 1900
- Earney v. Modern Woodmen of AmericaMissouri Court of Appeals · 1899
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