Hirsch v. United States Grand Lodge of the Order Brith Abraham
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Hon. Jacob Klein, Judge. A peremptory instruction to find for defendant can not be given where the plaintiff’s case is supported by substantial evidence. Woods v. Ins. Co., 50 Mo. 112, 116; Kenney v. Railroad, 80 Mo. 573; Wolff v. Campbell, 110 Mo. 114, 120; Schroeder v. Railroad, 108 Mo. 321, 326; Gibson v. Zimmermann, 27 Mo. App. 90; Boone v. Railroad, 20 Mo.
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Appeal from the St. Louis City Circuit Court. — Hon. Jacob Klein, Judge. A peremptory instruction to find for defendant can not be given where the plaintiff’s case is supported by substantial evidence. Woods v. Ins. Co., 50 Mo. 112, 116; Kenney v. Railroad, 80 Mo. 573; Wolff v. Campbell, 110 Mo. 114, 120; Schroeder v. Railroad, 108 Mo. 321, 326; Gibson v. Zimmermann, 27 Mo. App. 90; Boone v. Railroad, 20 Mo. App. 232. Where the constitution of a corporation or benevolent order «provides that an amendment can only be adopted by the vote of least two thirds of the members present, a mere…
1Opinion of the Court
BIGGS, J.-
-There was a judgment for the plaintiff in this case. It is the contention of the defendant on this appeal that the circuit court committed error in refusing to direct a verdict for it. The plaintiff contends that under his evidence and the admissions of defendant he made out a prima facie case. If he is right in this the assignment must be overruled. Wood v. Ins. Co., 50 Mo. 112; Kenney v. Railroad, 80 Mo. 573; Wolf v. Campbell, 110 Mo. 114; Hite v. Railroad, 130 Mo. 132; Boone v. Railroad, 20 Mo. App. 232; Herriman v. Railroad, 27 Mo. App. loc. cit. 443; Gibson v. Zimmerman, 27…
2Cases cited6 opinions
- Wolff v. CampbellSupreme Court of Missouri · 1892
- Hite v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1895
- Kenney v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1883
- Boone v. Wabash, St. Louis & Pacific Railway Co.Missouri Court of Appeals · 1886
- Woods v. Atlantic Mutual InsuranceSupreme Court of Missouri · 1872
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3Cited by3 opinions
- Sovereign Camp, W. O. W. v. BurrellSupreme Court of Alabama · 1920
- Ladd v. WilliamsMissouri Court of Appeals · 1904
- Burke v. St. Louis Southwestern Railway Co.Missouri Court of Appeals · 1906