State ex rel. Kaufman v. Sitlington
Missouri Court of Appeals
Appeal from the Jackson Circuit Court. — Hon. J. H. Slover, Judge. (1) The court erred in giving defendants’ first instruction: First. It is not within the issues made by the pleadings; it ignores the issue that Richter was not Kaufman’s agent at the time the alleged agreement was made; it is error by an instruction to change the issues made by the pleadings. Wright v. honda, 44 Mo.
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Appeal from the Jackson Circuit Court. — Hon. J. H. Slover, Judge. (1) The court erred in giving defendants’ first instruction: First. It is not within the issues made by the pleadings; it ignores the issue that Richter was not Kaufman’s agent at the time the alleged agreement was made; it is error by an instruction to change the issues made by the pleadings. Wright v. honda, 44 Mo. App. 634; 2 Thompson on Trials, sec. 2309. There was absolutely no evidence showing such agency at that time; the instruction assumed not only that there was such evidence, but assumed the existence of the agency…
1Opinion of the CourtSmith, P. J.
This is a suit brought by the relator against the defendant Sitlington, sheriff of Jackson county, and the sureties on his official bond, to recoyer damages for a breach thereof, arising out of the alleged action of the defendant sheriff in wrongfully taking away from relator a certain stock of goods under a writ of attachment against one Samuel Lederer. There was a trial and judgment for defendants, to reverse which plaintiff has appealed.
The relator here questions the propriety of the trial court in the giving of the first of the defendants’ instructions, which directed the jury, “that if…
2Cases cited27 opinions
- The Distilled SpiritsSupreme Court of the United States · 1871
- Waldhier v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1880
- Chouteau v. AllenSupreme Court of Missouri · 1879
- Iron Mountain Bank v. MurdockSupreme Court of Missouri · 1876
- National Security Bank v. CushmanMassachusetts Supreme Judicial Court · 1877
22 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- First Nat. Bank of Buchanan County v. ConnettCourt of Appeals for the Eighth Circuit · 1905
- H. A. Johnson & Co. v. Springfield Ice & Refrigerating Co.Missouri Court of Appeals · 1910
- In re Hutton's EstateMissouri Court of Appeals · 1902
- Martin-Perrin Mercantile Co. v. PerkinsMissouri Court of Appeals · 1895
- Barnard State Bank v. LankfordMissouri Court of Appeals · 1928
3 more not listed; retrieve them via the Exa API.