Christal v. Craig
Supreme Court of Missouri
Appeal from Macon Circuit Court. — Hon. Andrew Ellison, Judge. The petition is fatally defective in having ho ad damnum clause. R. S. 1879, §§ 3511, 3512; Devean v. Skidmore, 19 Am. Law Reg. 784; Brownson v. Wallace, 4 Biatch. 465; Bumpass v.Webb, 3 Ala. 109. Plaintiff’s third instruction was erroneous.
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Appeal from Macon Circuit Court. — Hon. Andrew Ellison, Judge. The petition is fatally defective in having ho ad damnum clause. R. S. 1879, §§ 3511, 3512; Devean v. Skidmore, 19 Am. Law Reg. 784; Brownson v. Wallace, 4 Biatch. 465; Bumpass v.Webb, 3 Ala. 109. Plaintiff’s third instruction was erroneous. Bliss on Pleach, § 305; Dyer v. Morris, 4 Mo. 214; Gurry v. Collins, 37 Mo. 324; Bammell v. Otis, 60 Mo. 365; Hall v. Adkins, 59 Mo. 144. Plaintiff’’s fourth instruction was also misleading and improper. Berry v. Bryden, 7 Mo. 324: Birch v. Benton, 26 Mo. 153. There is no misjoinder of causes…
1Opinion of the Court
Philips, C.
This is an action for slander. The petition contains but one count, though it sets out several distinct causes of action. The first assignment of words spoken is: “You and your mob all swore to lies in the probate court at Macon in my suit against the estate. You and John, Lin and Martha all swore to a lie in that case.” The second averment is : “Your son Lin has no father. He never did have any. He don’t belong to the Christal family. He is not Stewart Christal’s child.” Third : “You tied horses on the railroad to get them killed, and you got the benefit of it, and you know you…
2Cases cited13 opinions
- Mooney v. KennettSupreme Court of Missouri · 1854
- Brownell v. Pacific RailroadSupreme Court of Missouri · 1871
- Fry v. BennettThe Superior Court of New York City · 1851
- Birch v. BentonSupreme Court of Missouri · 1858
- Bundy v. HartSupreme Court of Missouri · 1870
8 more not listed; retrieve them via the Exa API.
3Cited by55 opinions
- Childs v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1893
- Cook v. Pulitzer Publishing Co.Supreme Court of Missouri · 1912
- Mayor of Liberty v. BurnsSupreme Court of Missouri · 1893
- Peters v. DoddSupreme Court of Missouri · 1959
- Jordan v. St. Louis Transit Co.Supreme Court of Missouri · 1907
50 more not listed; retrieve them via the Exa API.