Gibson v. Smith
Missouri Court of Appeals
Appeal from the Buchanan Circuit Court. — Hon. A. M. Woodson, Judge. The instructions in the nature of a demurrer at the close of respondent’s case to find for the appellant should have been given, but if appellant waived it by introducing testimony then it should have been given as asked at the close of all the testimony. Felix v. Bevington, 52 Mo. App. 403; Hite v. Railway, 130 Mo.' 132; Weaver v. Railway, 60 Mo.
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Appeal from the Buchanan Circuit Court. — Hon. A. M. Woodson, Judge. The instructions in the nature of a demurrer at the close of respondent’s case to find for the appellant should have been given, but if appellant waived it by introducing testimony then it should have been given as asked at the close of all the testimony. Felix v. Bevington, 52 Mo. App. 403; Hite v. Railway, 130 Mo.' 132; Weaver v. Railway, 60 Mo. App. 207; Weber v. Railway, 100 Mo. 194. Mere conjectures will not do. Hite v. Railway, supra, 140; Peck v. Railway, 31 Mo. App. 123; Gerrans v. Mfg. Co., 51 Mo. App. 615; Stokes…
1Opinion of the CourtGill, J.
This suit was brought before a justice of the peace for an alleged balance due on some fifteen special tax bills which plaintiff claims to have sold to defendant in August, 1891. The account filed with the justice charged a sale of the tax bills, August 28,1891, for the aggregate face value thereof, $581.47. Defendant is credited with various small payments during the years 1891-92, leaving a balance of $66.47 due plaintiffs and for which this action was brought. Plaintiff recovered in the justice’s court as also in the circuit court and defendant appealed.
The main contention of the defendant…
2Cases cited1 opinion
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