Skinner v. Ellington
Supreme Court of Missouri
APPEAL from the Platte Circuit Court. 1st. The finding of the facts by the court was against the evidence. 2nd. The court erred in its rulings of the law of the case, 3rd.
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APPEAL from the Platte Circuit Court. 1st. The finding of the facts by the court was against the evidence. 2nd. The court erred in its rulings of the law of the case, 3rd. The judgment is not warranted by the facts found by the court. 1. The appellant failed to present his case for review before the circuit court as required by the statute, Becent Practice Act, article 15. sec. 3; and he is not entitled to be heard in this court. 2. If mistaken in this, still the circuit court decided the law correctly. 3. There was no error in the circuit court in finding the facts. 4. There was no error in…
1Opinion of the Court
Gamble J.,
delivered the opinion of the court.
Skinner brought a civil action against Ellington, stating in his petition his ground of action in different forms, and claiming different sums of money as one or the other of the alternative statements of facts might be established. The defendant, Ellington, answered, and tbe parties proceeded to trial before the court, each party waiving a trial by jury. The court having heard tbe evidence, made a decision as required by the code of practice ; first stating the facts found, and then the conclusion of law upon the facts, and upon this decision the…
2Cited by2 opinions
- Holmes v. BraidwoodSupreme Court of Missouri · 1884
- Smith v. HarrisSupreme Court of Missouri · 1869