Steinwender v. Creath
Missouri Court of Appeals
Appeal from Gape Girardeau Court of Common Pleas. Hon. Maurice Cramer, Judge. (1) The. defendant’s first instruction is erroneous in directing the jury that “the burden of proof in this cause is on the plaintiff,” without any explanation whatever as to the meaning of this technical expression.
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Appeal from Gape Girardeau Court of Common Pleas. Hon. Maurice Cramer, Judge. (1) The. defendant’s first instruction is erroneous in directing the jury that “the burden of proof in this cause is on the plaintiff,” without any explanation whatever as to the meaning of this technical expression. Such expressions should, if possible, be avoided in instructions to laymen, whose minds are apt to be confused rather than, enlightened by them; when used, their meaning should be explained in ordinary language. Qhappel v. Allen, 38 Mo. 213; Clarke v. Kitchen, 52 Mo. 316; Hill v. Scott, 38 Mo. App. 370;…
1Opinion of the CourtThompson, J.
This is an appeal from a finding and judgment in favor of the defendant upon the issue raised by a plea in abatement in a suit by attachment. *359The grounds of the attachment, as laid in the affidavit, were, that the defendant was about fraudulently to convey or assign his property of effects, so as to hinder and delay his creditors ; and that he was about fraudulently to conceal, remove or dispose of his property or effects, so as to hinder and delay his creditors.
On the trial of the issue raised by the plea in abatement, the plaintiffs gave evidence tending to show that, on the day when the…
2Cases cited24 opinions
- Zimmerman v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1880
- Burgert v. BorchertSupreme Court of Missouri · 1875
- Henderson v. HendersonSupreme Court of Missouri · 1874
- Chapman v. McIlwrathSupreme Court of Missouri · 1882
- Norton v. KearneyWisconsin Supreme Court · 1860
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3Cited by7 opinions
- Liese v. MeyerSupreme Court of Missouri · 1898
- Pfa Farmers Market Association v. WearCourt of Appeals for the Eighth Circuit · 1978
- Gordon v. AndrewsMissouri Court of Appeals · 1927
- Bassett Furniture Industries, Inc. v. WearCourt of Appeals for the Eighth Circuit · 1978
- McKnight-Keaton Grocery Co. v. HudsonMissouri Court of Appeals · 1906
2 more not listed; retrieve them via the Exa API.