Houghland v. Dent
Missouri Court of Appeals
Appeal from the Adair Circuit Court. — Hon. Andrew Ellison, Judge. - (1) No issue should be submitted to the jury about ■which there is no proof, and plaintiff’s first instruction peremptorily requires the jury to find the value of the corn to be forty-five cents per bushel, when there is not a word of testimony on which to base it. White v. Chaney, 20 Mo. App. 389; Baysdon v. Tnmbo, 52 Mo. 35; Budd v. FLoffheimer, 52 Mo. 297; Givens v. Vcm Studdiford, 4 Mo.
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Appeal from the Adair Circuit Court. — Hon. Andrew Ellison, Judge. - (1) No issue should be submitted to the jury about ■which there is no proof, and plaintiff’s first instruction peremptorily requires the jury to find the value of the corn to be forty-five cents per bushel, when there is not a word of testimony on which to base it. White v. Chaney, 20 Mo. App. 389; Baysdon v. Tnmbo, 52 Mo. 35; Budd v. FLoffheimer, 52 Mo. 297; Givens v. Vcm Studdiford, 4 Mo. App. 499. (2) Instruction number 4 presents a hypothesis of the case not warranted by either the pleadings or evidence bearing upon the…
1Opinion of the CourtSmith, P. J.
— This was an action brought before .a justice of the peace by the plaintiff against the defendants, by attachment under the landlord and tenant statute, to recover rent.
*240The defendants filed what was denominated by them a plea in abatement, in which there was a traverse of the allegations contained in the affidavit for the attachment supplemented with the affirmative allegation, “that all the said rent has been fully paid and settled between the plaintiff and défendants.” A ease is, therefore, presented where a plea in bar is set up in the plea in abatement. The effect of this was to waive…
2Cases cited9 opinions
- Little v. HarringtonSupreme Court of Missouri · 1880
- Rippstein v. St. Louis Mutual Life InsuranceSupreme Court of Missouri · 1874
- Cannon v. McManusSupreme Court of Missouri · 1852
- Fordyce v. HathornSupreme Court of Missouri · 1874
- Tritz v. City of KansasSupreme Court of Missouri · 1884
4 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Freet v. Kansas City, St. Joseph & Council Bluffs RailroadMissouri Court of Appeals · 1895