Legal Opinion

Dunavant v. Pemiscot Land & Cooperage Co.

Missouri Court of Appeals

Decided January 30, 1915PublishedCited by 3 opinions

Appeal from Pemiscot Circuit Court.— Ron. Frank Kelly, Judge. (1) The court erred in admitting incompetent, irrelevant and immaterial testimony offered by plaintiff, which undertook to vary and contradict a written contract or the record thereof. Childers v. Pickenpaugh, 219 Mo. 451; Chilton v. Metcalf, 234 Mo. 27; Smith v. Vickery, 235 Mo. 423; Baker v. Underwood, 63 Mo. 84; Roberts v. Central Lead Co., 95 Mo. App. 582; "Wishart v. Gerhart, 105 Mo.

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Appeal from Pemiscot Circuit Court.— Ron. Frank Kelly, Judge. (1) The court erred in admitting incompetent, irrelevant and immaterial testimony offered by plaintiff, which undertook to vary and contradict a written contract or the record thereof. Childers v. Pickenpaugh, 219 Mo. 451; Chilton v. Metcalf, 234 Mo. 27; Smith v. Vickery, 235 Mo. 423; Baker v. Underwood, 63 Mo. 84; Roberts v. Central Lead Co., 95 Mo. App. 582; "Wishart v. Gerhart, 105 Mo. App. 112; Simon v. Beauchamp, 1 Mo. 589; King v.Fink, 51 Mo. 209; Weissenfels v.Cable, 208 Mo. 534. (2) Though the parol testimony offered was…

1Opinion of the CourtSthegis, J.

This is a suit for trespass alleging that the defendant company cut, or caused to be cut, and removed the timber on one hundred and sixty acres of land in Pemiscot county, Missouri, owned by plaintiff intestate, E. H. Young, who died in 1912, shortly before this suit was brought. The suit is by Young’s administrator, but, as the cause of action accrued to him during his lifetime, he will be spoken of as the plaintiff. Carl Bloker, secretary of the defendant company and its active manager, was originally a defendant, but the cause was dismissed as to him on proof that all his acts were for his…

2Cases cited17 opinions

  1. Missouri Pacific Railway Co. v. RichmondTexas Supreme Court · 1889
  2. Milner v. ShipleySupreme Court of Missouri · 1887
  3. Pope v. Kansas City Cable Railway Co.Supreme Court of Missouri · 1889
  4. Vaughan v. DanielsSupreme Court of Missouri · 1889
  5. Stanton v. ThompsonSupreme Court of Missouri · 1911

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3Cited by3 opinions

  1. Midway National Bank & Trust Co. v. DavisSupreme Court of Missouri · 1921
  2. Argeropoulos v. Kansas City Railways Co.Court of Appeals of Kansas · 1919
  3. Cole v. Parker-Washington Co.Supreme Court of Missouri · 1918

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