State ex rel. Tiffany v. Ellison
Supreme Court of Missouri
Certiorari. (1) The legal relation of Dr. Howard to plaintiff, as well as to Dr. Tiffany, upon this record was that of an independent contractor and therefore, the demurrer of Dr. Tiffany should have been sustained on that ground. Plaintiff’s evidence shows Dr. Tiffany never treated her nor was he present at such treatments.
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Certiorari. (1) The legal relation of Dr. Howard to plaintiff, as well as to Dr. Tiffany, upon this record was that of an independent contractor and therefore, the demurrer of Dr. Tiffany should have been sustained on that ground. Plaintiff’s evidence shows Dr. Tiffany never treated her nor was he present at such treatments. Hillsdorf v. St. Louis, 45 Mo. 95; Myers v. Holborn, 58 N. J. 193; Keller v. Lewis, 65 Ark. 578; Pearl v. Railroad, 176 Mass. 177; Hagarty v. Railroad, 100 Mo. App. 424. (2) The ruling of the Court of Appeals justifying the admission of the testimony of the deputy sheriff…
1Opinion of the CourtGraves, J.
Original
action in certiorari, the purpose of which is to have quashed and for naught held, the judgment of the Kansas City Conrt of Appeals, *609affirming a judgment of the circuit court of Jackson county in the case of Mary Coffey v. Flavel B. Tiffany and Joseph W. Howard. In the circuit court the judgment was originally for $10,000, but for some reason not made clear by the record, the plaintiff voluntarily remitted principal and interest so as to make the judgment after remittitur just $7500. The appeal thereupon went to the Kansas City Court of Appeals. This is one of a series of cases in…
2Cases cited2 opinions
- State ex rel. Curtis v. BroaddusSupreme Court of Missouri · 1911
- State ex rel. Gilman v. RobertsonSupreme Court of Missouri · 1915
3Cited by14 opinions
- Estate of DawesMissouri Court of Appeals · 1994
- Creager v. Chilson Ex Rel. BlannSupreme Court of Missouri · 1970
- State Ex Rel. Brotherhood of American Yeoman v. ReynoldsSupreme Court of Missouri · 1921
- Smith v. BeardWyoming Supreme Court · 1941
- State Ex Rel. Vesper-Buick Automobile Co. v. DauesSupreme Court of Missouri · 1929
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