Radford v. Horton
Missouri Court of Appeals
Appeal from Circuit Court of Wayne County. — Hon. E. M. Deering, Judge. (1) Secondary evidence can be introduced only upon proof of tbe loss, destruction or absence from tbe jurisdiction of tbe court of tbe original writing. State v. Sibley, 207 S. W. 806. And then only upon proof that an unavailing effort lias been made to obtain tbe original.
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Appeal from Circuit Court of Wayne County. — Hon. E. M. Deering, Judge. (1) Secondary evidence can be introduced only upon proof of tbe loss, destruction or absence from tbe jurisdiction of tbe court of tbe original writing. State v. Sibley, 207 S. W. 806. And then only upon proof that an unavailing effort lias been made to obtain tbe original. The mere fact that they could not compel tbe production of tbe original, would not avoid tbe necessity of at least making tbe effort to secure it. State v. Lentz, 184 Mo. -242; Traber v. Hicks, 131 Mo. 189; Mathes v. Lumber Co., 173 Mo. App. 246;…
1Opinion of the CourtBradley, J.
This cause is for libel, and was filed in Madison county. The venue was changed to Wayne county, and there tried before the court and a jury, and plaintiff had verdict for $500 actual, and $250 punitive damages, and judgment went accordingly. Failing to obtain a new trial on motion, defendant, appealed.
The petition is in two counts. The first one is bottomed on libel, and the second on slander. At the close of plaintiff’s case defendant filed a demurrer. The court sustained said demurrer to the second count, and overruled it as to the first, hence the second count is out of the case. In his…
Also in this document: Concurrence.
2Cases cited18 opinions
- Callahan v. IngramSupreme Court of Missouri · 1894
- State v. LentzSupreme Court of Missouri · 1904
- Tilles v. Pulitzer Publishing Co.Supreme Court of Missouri · 1912
- Brown v. WoodSupreme Court of Missouri · 1854
- Cook v. Pulitzer Publishing Co.Supreme Court of Missouri · 1912
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3Cited by2 opinions
- Thurman v. St. Louis Public Service CompanySupreme Court of Missouri · 1957
- Welch v. Fraternal Aid UnionMissouri Court of Appeals · 1923