Compton v. Johnson
Missouri Court of Appeals
Appeal from Clinton Circuit Court, Hon. Gr. D. Bukgess, Judge. I. The court erred in admitting the evidence concerning the charges made by defendant, as curator, for boarding and clothing Mrs. Compton’s minor child. This matter had been settled by the probate court, and the evidence was calculated to mislead the jury. Eddy v. Baldwin, 32 Mo. 369; State to use, etc., v. Roberts, 62 Mo. 388. II.
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Appeal from Clinton Circuit Court, Hon. Gr. D. Bukgess, Judge. I. The court erred in admitting the evidence concerning the charges made by defendant, as curator, for boarding and clothing Mrs. Compton’s minor child. This matter had been settled by the probate court, and the evidence was calculated to mislead the jury. Eddy v. Baldwin, 32 Mo. 369; State to use, etc., v. Roberts, 62 Mo. 388. II. The plaintiffs’ first instruction was misleading in assuming a specified indebtedness, without any evidence to support such entire amount, and is erroneous in directing the jury to compute interest…
1Opinion of the CourtPhilips, P. J.
This is an action in assumpsit. The petition contains three counts. As the jury found the issues on the last two counts for the defendant, who appeals, and the plaintiffs have not appealed, it is unnecessary to set out the substance of those counts. The other count, on which plaintiffs recovered, alleges, in substance, that in 1872 the defendant, as administrator of the estate of Charles Whitaker, deceased, made his final settlement with the probate court, by which it appeared that he was indebted to the plaintiff, Julia Compton, as the distributee, in the sum of $330.36 ; and that in the…
2Cases cited6 opinions
- State v. HopperSupreme Court of Missouri · 1880
- Fitzgerald v. HaywardSupreme Court of Missouri · 1872
- Southgate v. Atlantic & Pacific RailroadSupreme Court of Missouri · 1875
- Shannon v. AustinSupreme Court of Missouri · 1878
- McKeon v. Citizens' Railway Co.Supreme Court of Missouri · 1869
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Sherman v. International Life InsuranceSupreme Court of Missouri · 1921
- State ex rel. Shipman v. AllenMissouri Court of Appeals · 1908
- Newman v. NewmanMissouri Court of Appeals · 1888