Cato v. Hutson
Supreme Court of Missouri
Error from the Circuit Court of Cole county. 1st. The court erred in not sustaining the defendant’s motion to quash the original writ. 2d. The court erred in not permitting the defendant to prove that the matter of difference involved in the suit had been decided and settled by the arbitrators selected by the parties, as proposed to be proved by defendant. 3d. The court erred in refusing to give the several instructions to the jury as asked for by defendant. 4th.
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Error from the Circuit Court of Cole county. 1st. The court erred in not sustaining the defendant’s motion to quash the original writ. 2d. The court erred in not permitting the defendant to prove that the matter of difference involved in the suit had been decided and settled by the arbitrators selected by the parties, as proposed to be proved by defendant. 3d. The court erred in refusing to give the several instructions to the jury as asked for by defendant. 4th. The court erred in giving the instructions which it did give to the jury. 5th. The court erred in overruling the defendant’s motion…
1Opinion of the Court
Opinion of the Court by
Tompkins, Judge.
Hutson sued Cato in the Circuit Court, where he obtained a judgment against him, to reverse which Cato comes into this court.
It appears on the record, that on the return of the writ the defendant below moved the court to quash the same, because in the declaration the plaintiff called himself Hudson, whereas the writ required the defendant to answer Plutson. This motion was overruled, and the defendant pleaded and went to trial.
The plaintiff in the Circuit Court gave oral testimony conducing to prove that he had made a bet of three hundred and fifty…
2Cited by7 opinions
- Rowe v. PalmerSupreme Court of Kansas · 1883
- Robson v. ThomasSupreme Court of Missouri · 1874
- White v. StateIndiana Supreme Court · 1879
- Alexis v. United StatesCourt of Appeals for the Fifth Circuit · 1904
- Swaggard v. HancockMissouri Court of Appeals · 1887
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