Glenn v. Weary
Missouri Court of Appeals
Appeal from the Harrison Circuit Court. — Hon. P. O. Stepp, Judge. (1) On the trial the plaintiff was permitted to introduce, against the objections of defendant, evidence to the effect that defendant was a man of violent temper, etc. Upon what principle this evidence was permitted to go to the jury we are unable to perceive. No such issue was presented in plaintiff’s statement, and its only effect was prejudicial to the defendant. Dudley v. McCluer, 65 Mo. 241; Teesev.
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Appeal from the Harrison Circuit Court. — Hon. P. O. Stepp, Judge. (1) On the trial the plaintiff was permitted to introduce, against the objections of defendant, evidence to the effect that defendant was a man of violent temper, etc. Upon what principle this evidence was permitted to go to the jury we are unable to perceive. No such issue was presented in plaintiff’s statement, and its only effect was prejudicial to the defendant. Dudley v. McCluer, 65 Mo. 241; Teesev. Huntington, 23 How. 2. Evidence of character is also inadmissible in action for assault. Corning v. Corning, 6 N. Y. 97;…
1Opinion of the CourtSmith, P. J.
This is an action which was commenced before a justice of the peace. The plaintiff’s statement of his cause of action was that the defendant on, etc., at, etc., “did kill five head of hogs, the property of plaintiff, of the value of $25, wherefore the plaintiff asks judgment,” etc.
*78There was a trial in the circuit court resulting in judgment for plaintiff for $12.50. Defendant appealed.
The defendant by his motion in arrest of the judgment assails the sufficiency of the statement. The statute requires that a statement filed before justice of the peace shall contain “a statement of the facts…
2Cases cited17 opinions
- Butts v. PhelpsSupreme Court of Missouri · 1883
- Iba v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1870
- Brashears v. StrockSupreme Court of Missouri · 1870
- Allen v. McMonagleSupreme Court of Missouri · 1883
- Swartz v. NicholsonSupreme Court of Missouri · 1877
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3Cited by2 opinions
- Cameron Sun v. McAnawMissouri Court of Appeals · 1897
- Calmes v. P. B. Haight & Co.Missouri Court of Appeals · 1900