Louis Obert Brewing Co. v. Keller
Missouri Court of Appeals
Appeal from Jasper County Circuit Court.—Hon. H. L. Bright, Judge. (1) Competent .evidence having been produced upon the trial tending to prove the 1st, 2nd, and 3rd grounds of attachment, alleged in plaintiff’s affidavit, it was gross error for the court to instruct the jury that as to said 1st, 2nd, and 3rd grounds the verdict of the jury must be for the defendant.
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Appeal from Jasper County Circuit Court.—Hon. H. L. Bright, Judge. (1) Competent .evidence having been produced upon the trial tending to prove the 1st, 2nd, and 3rd grounds of attachment, alleged in plaintiff’s affidavit, it was gross error for the court to instruct the jury that as to said 1st, 2nd, and 3rd grounds the verdict of the jury must be for the defendant. The court thereby deprived plaintiff of the right of trial by the jury, as to the issues of fact presented to support said grounds of attachment. Constitution of Missouri, art. II, see. 28; R. S. 1909, secs. 2294, 2296, 2334,…
1Opinion of the CourtRobertson, P. J.
—This suit was instituted September 12, 1908, by plaintiff filing its petition against the defendant seeking judgment on three counts for the total sum of $6165.11. The first coun t was on an account stated, the second for a balance due on account of goods, wares and merchandise alleged to have been sold and delivered by the plaintiff to defendant between August 1, 1908, and September 1, 1908, and the third count was for sums alleged to have been collected and retained .by the defendant as the agent of the plaintiff. On the same date the plaintiff filed its affidavit alleging the third,…
2Cases cited5 opinions
- Kuykendall ex rel. Middleton, Perry & Co. v. McDonaldSupreme Court of Missouri · 1852
- Chariton County v. MoberlySupreme Court of Missouri · 1875
- Ellington v. MooreSupreme Court of Missouri · 1853
- Paddock-Hawley Iron Co. v. GrahamMissouri Court of Appeals · 1892
- Rosenthal v. WindensohlerMissouri Court of Appeals · 1905