Winn v. Reed
Missouri Court of Appeals
Appeal from the Platte Circuit Court.—Hon. Wm. S. Herndon, Judge. (1) The court erred in refusing to grant defendant time in which to procure testimony to meet the evidence of plaintiff against the reputation and character of the defendant. Defendant made the situation known to the court instantly and asked for a reasonable postponement to enable him to produce the countervailing proof. Dalton v. Shajfner, 38 Mo. App. 165; Bragg v. Moberly, 17 Mo.
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Appeal from the Platte Circuit Court.—Hon. Wm. S. Herndon, Judge. (1) The court erred in refusing to grant defendant time in which to procure testimony to meet the evidence of plaintiff against the reputation and character of the defendant. Defendant made the situation known to the court instantly and asked for a reasonable postponement to enable him to produce the countervailing proof. Dalton v. Shajfner, 38 Mo. App. 165; Bragg v. Moberly, 17 Mo. App. 221. (2) The court erred in refusing a new trial on account of newly discovered evidence. Th¿ new evidence was not cumulative. (3) The jury…
1Opinion of the CourtEllison, J.
—Plaintiff brought an action of replevinin Clinton county, to recover possession of some hogs. Afterwards a change of venue was taken to Platte county. He recovered in the trial court. Defendant appealed.
During the trial, plaintiff offered evidence tending to impeach defendant’s reputation for truth and veracity. Defendant asked the court to adjourn the trial until the next day, so that he might procure the attendance of witnesses from Clinton county, who would sustain his reputation. The court refused the request. Defendant then introduced a number of witnesses, which he obtained from among…
2Cases cited6 opinions
- Sawyer v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1866
- State v. RushSupreme Court of Missouri · 1888
- State v. DunnSupreme Court of Missouri · 1883
- McMurdock v. KimberlinMissouri Court of Appeals · 1886
- State v. CooperSupreme Court of Missouri · 1884
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- People v. Chin NonCalifornia Supreme Court · 1905
- Milbourne v. RobisonMissouri Court of Appeals · 1908
- Clack v. Kansas City Electrical Wire Subway Co.Missouri Court of Appeals · 1909
- Shearin v. Fletcher/Mayo/Associates, Inc.Missouri Court of Appeals · 1984