Kimberlin v. Short
Missouri Court of Appeals
Appeal from Jackson Circuit Court, Hon. James H. Slover, Judge. Statement of case by the court. The plaintiff sued defendant to recover the sum of one hundred and twenty-five dollars, for money had and received. The answer, after tendering the general issue, pleaded that the plaintiff had made a contract with defendant in March, 1884, by which he had engaged the professional services of defendant to assist plaintiff in and about an eye and ear infirmary in Kansas City.
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Appeal from Jackson Circuit Court, Hon. James H. Slover, Judge. Statement of case by the court. The plaintiff sued defendant to recover the sum of one hundred and twenty-five dollars, for money had and received. The answer, after tendering the general issue, pleaded that the plaintiff had made a contract with defendant in March, 1884, by which he had engaged the professional services of defendant to assist plaintiff in and about an eye and ear infirmary in Kansas City. The employment was for two years, at a stipulated price. That defendant entered plaintiff’s service, and so continued until…
1Opinion of the CourtPhilips, P. J.
I. The action of the trial court in-refusing declarations of law asked by plaintiff is assigned for error. We cannot take notice of this assignment because the attention of the court was not called to this-error in the motion for new trial. Matlock v. Williams, 59 Mo. 105; Carver v. Thornhill, 53 Mo. 283; Joyce v. Murnahan, 17 Mo. App. 11; City of Linneus v. Dusky, 19 Mo. App. 20; Schlicke v. Gordon, 19 Mo. App. *647479; Griffin v. Regan, 79 Mo. 73; State v. Burnett, 81 Mo. 120.
II. The chief object of having declarations of law, where the case is tried by the court sitting as a jury, is to…
2Cases cited10 opinions
- Wall v. . the Buffalo Water Works CompanyNew York Court of Appeals · 1858
- Carver v. ThornhillSupreme Court of Missouri · 1873
- First National Bank v. HoganSupreme Court of Missouri · 1871
- City of Linneus v. DuskyMissouri Court of Appeals · 1885
- Schlicker v. GordonMissouri Court of Appeals · 1885
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3Cited by2 opinions
- Webb v. AllingtonMissouri Court of Appeals · 1887
- White v. QuinlanMissouri Court of Appeals · 1888