Newberry v. Durand
Missouri Court of Appeals
Appeal from Bates Circuit Court. — Hon. W. W. Graves, Judge. (1) The court should have construed the written or documentary evidence, and declared to the jury what was its legal effect, and should not have submitted that question to the jury for determination. Chapman v. Railroad, 114 Mo. 542; Soap Works v. Sayers, 55 Mo. App. 15; Hunt v. Hunter, 52 Mo. App. 263; Brewing Co. v. Linck, 51 Mo. App. 478; Deutmann v. Kilpatrick, 46 Mo. App. 624, 627; Mfg. Co. v. Jaeger, 81 Mo.
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Appeal from Bates Circuit Court. — Hon. W. W. Graves, Judge. (1) The court should have construed the written or documentary evidence, and declared to the jury what was its legal effect, and should not have submitted that question to the jury for determination. Chapman v. Railroad, 114 Mo. 542; Soap Works v. Sayers, 55 Mo. App. 15; Hunt v. Hunter, 52 Mo. App. 263; Brewing Co. v. Linck, 51 Mo. App. 478; Deutmann v. Kilpatrick, 46 Mo. App. 624, 627; Mfg. Co. v. Jaeger, 81 Mo. App. 139. (2) The court erred in submitting to the jury the question as to whether or not John B. Durand was the agent of…
1Opinion of the CourtSmith, P. J.
This is a proceeding which was begun under the provisions ,of sections 4927 and 4928, Revised Statutes 1889, to determine whether or not the claimant, the .said S. A. Durand, was the owner of thirteen head of cattle which had been levied upon as the property of John B. Durand, the husband of the claimant, under an execution in favor of John B. Newberry and against the said John B. Durand. There was a trial in which the claimant had judgment and the execution plaintiff appealed.
The case, briefly stated, is this: The claimant was the owner of eleven head of cows, and resided with her husband on…
2Cases cited15 opinions
- Vance v. CampbellSupreme Court of the United States · 1862
- Ellis v. HarrisonSupreme Court of Missouri · 1891
- St. Louis Gaslight Co. v. City of St. LouisSupreme Court of Missouri · 1870
- Smith v. AlexanderSupreme Court of Missouri · 1860
- Ferris v. ThawSupreme Court of Missouri · 1880
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3Cited by3 opinions
- Watson v. Buckhannon River Coal Co.West Virginia Supreme Court · 1923
- Buster Brown Co. v. North-Mehornay Furniture Co.Missouri Court of Appeals · 1910
- Bertig-Smythe v. Bonsack Lumber Co.Missouri Court of Appeals · 1905