Gwin v. Waggoner
Supreme Court of Missouri
Appeal from Saline County Circuit Court. — Hon. Richard Field, Judge. The trial court erred in refusing to permit the case-to be passed upon by the jury; this action was contrary to the mandate on the former appeal (98 Mo. 315). The following authorities all support the position here contended for.
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Appeal from Saline County Circuit Court. — Hon. Richard Field, Judge. The trial court erred in refusing to permit the case-to be passed upon by the jury; this action was contrary to the mandate on the former appeal (98 Mo. 315). The following authorities all support the position here contended for. Hurck v.-Erskine, 50 Mo. 116; State v. Newkirk, 49 Mo. 472; Overall v. Ellis, 38 Mo. 209; Chouteau v. Gibson, 76 Mo. 38; Taliaferro■ v. Barnett, 47 Ark. 359; Chambers v. Smith, 30 Mo. 156; McKinley v. Tuttle, 42 Cal. 576; Braden v~ Graves, 85 Ind. 92; Conroy v. Iron Works, 75 Mo. 651; Estoppel and…
1Opinion of the CourtMacfarlane, J.
This is the second appeal. On the first defendants appealed from a judgment against them, and the judgment was reversed and the cause *146remanded for a new trial. The opinion will be found in 98 Mo. 315.
The case was tried the second time upon the same pleadings, and at the close of all the evidence the court peremptorily instructed the jury to return a verdict for defendants, which was done and a judgment was rendered accordingly, and plaintiff appealed.
A full statement of the case will be found in the opinion by Bay, C. J., on the former appeal, but for convenience, we will briefly restate the…
2Cases cited16 opinions
- Bell v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1880
- Chouteau v. GibsonSupreme Court of Missouri · 1882
- Overall v. EllisSupreme Court of Missouri · 1866
- Chambers' Administrator v. Smith's AdministratorSupreme Court of Missouri · 1860
- Hurck v. ErskineSupreme Court of Missouri · 1872
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3Cited by12 opinions
- Baker v. Kansas City, Fort Scott & Memphis RailroadSupreme Court of Missouri · 1898
- Bird v. SellersSupreme Court of Missouri · 1894
- Ward v. HarenMissouri Court of Appeals · 1914
- Ables v. AckleyMissouri Court of Appeals · 1908
- Roth v. City of St. JosephMissouri Court of Appeals · 1914
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