Massengale v. Rice
Missouri Court of Appeals
Appeal from Chariton Circuit Court. — Hon. Jno. P. Butler, J udge. (1) The court admitted illegal and incompetent testimony for defendant. (2) The court, after the ruling that it was an improper practice to examine the steer in question, permitted the defendant, without rebuke, to say to the jury “that the steer in question was.in Salisbury, and for them to go and look at him.”
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Appeal from Chariton Circuit Court. — Hon. Jno. P. Butler, J udge. (1) The court admitted illegal and incompetent testimony for defendant. (2) The court, after the ruling that it was an improper practice to examine the steer in question, permitted the defendant, without rebuke, to say to the jury “that the steer in question was.in Salisbury, and for them to go and look at him.” (3) The court refused to compel the defendant on the stand to answer the following legal and competent question: “Didn’t Mr. Smith and Mr. Babbitt, or one or both, tell you in October, 1899, that this steer in question…
1Opinion of the CourtSmith, P. J.
This is an action of replevin which was begun before a justice of the peace to recover the possession of' a steer. The cause was removed into the circuit court where there was a trial to a jury resulting in judgment for defendant, and from which the plaintiff appealed.,
It appears from the record before us that at the trial the *433plaintiff testified in his own behalf, and on cross-examination the following questions Aver e asked and answered:
“Q. Now, you are in the habit of branding your cattle out west? A. We branded all of them. Q. On the ranch? A. Branded all of them. Q. How long have you…
2Cases cited11 opinions
- Berry v. StateSupreme Court of Georgia · 1851
- Hall v. United StatesSupreme Court of the United States · 1893
- Haynes v. Town of TrentonSupreme Court of Missouri · 1891
- Ensor v. SmithMissouri Court of Appeals · 1894
- Nicholson v. SpencerSupreme Court of Georgia · 1852
6 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- State v. BurnsSupreme Court of Missouri · 1921
- State v. BarnettMissouri Court of Appeals · 1905