Plummer v. Trost
Supreme Court of Missouri
Appeal from Jefferson Circuit Court.—Hon. L. E. Dinning, Judge. The court erred in refusing to instruct the jury, at the close of plaintiffs’ case, that plaintiffs could not recover on the pleadings and evidence. Plaintiffs’ evidence showed that Mrs. Plummer, when she rendered the alleged service for appellant, was the wife of Chris.
Read the full summary
Appeal from Jefferson Circuit Court.—Hon. L. E. Dinning, Judge. The court erred in refusing to instruct the jury, at the close of plaintiffs’ case, that plaintiffs could not recover on the pleadings and evidence. Plaintiffs’ evidence showed that Mrs. Plummer, when she rendered the alleged service for appellant, was the wife of Chris. Kleisner, and she earned no wages by her separate labor, as contemplated by section —, of an act in regard to married women, passed in 1875. Sess. Acts 1875, p. 61, § —. There should have been a contract with her, or husband, that she should perform the service,…
1Opinion of the Court
Philips, C.
This action was begun in the name of Katie Kleisner against the defendant. She having married, pendente lite, to J. B. Plummer, the action was continued in their joint names. The petition alleged that the defendant owed said Katie the sum of fifty dollars for money loaned him by her, also, that defendant owes her f330 for work done by her for defendant at his special instance and request. An account of these items was filed with the petition.
The answer tendered the general issue. It then pleaded that the plaintiff, Katie, at the time of the transactions in controversy, was the wife…
2Cases cited7 opinions
- Reynolds v. . RobinsonNew York Court of Appeals · 1876
- Board of Water Commissioners v. JohnsonSupreme Court of Connecticut · 1912
- Mansur v. BottsSupreme Court of Missouri · 1883
- McCoy v. HyattSupreme Court of Missouri · 1883
- Birkbeck v. . AckroydNew York Court of Appeals · 1878
2 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Elgin v. Kroger Grocery & Baking Co.Supreme Court of Missouri · 1947
- German v. CommissionerUnited States Tax Court · 1943
- Matter of NataleMissouri Court of Appeals · 1975
- Brooks v. BrooksSupreme Court of Missouri · 1948
- In Re Estate of Henry WoodSupreme Court of Missouri · 1921
20 more not listed; retrieve them via the Exa API.