Dorrell v. Sparks
Missouri Court of Appeals
Appeal from Greene Circuit Court. — Eon. James ■ T. Neville, Judge. (1) The burden of proof is always determined - from the pleadings alone and never shifts. The burden of evidence often shifts. Feurt, Ex., v. Ambrose, 84 Mo. App. 360; McCartney v. Ins. Co., 45 Mo. App. 373; Bunker v. Hibler, 49 Mo. App. 542; Livery Co. v. McKelvey, 55 Mo. App. 24Ó; Newell v. Iron Co., 5 Mo.
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Appeal from Greene Circuit Court. — Eon. James ■ T. Neville, Judge. (1) The burden of proof is always determined - from the pleadings alone and never shifts. The burden of evidence often shifts. Feurt, Ex., v. Ambrose, 84 Mo. App. 360; McCartney v. Ins. Co., 45 Mo. App. 373; Bunker v. Hibler, 49 Mo. App. 542; Livery Co. v. McKelvey, 55 Mo. App. 24Ó; Newell v. Iron Co., 5 Mo. App. 260; St. Louis v. Arnot, 94 Mo. 275. (2) Plaintiff assumed the burden of proof on the trial by introducing his evidence first and he is bound by the theory he adopted at the trial. Sawyer v. Walker, 204 Mo. 133;…
1Opinion of the CourtGray, J.
November 17, 1908, the plaintiff filed in the office of the circuit clerk of Greene county, Missouri, his petition in this cause, to which the defendant in due time answered. On the 15th day of October, 1909, the cause was tided to a jury and a verdict in favor of the plaintiff, signed by nine of the jurors, returned. Judgment was entered upon this verdict, and the plaintiff, after an unsuccessful effort to obtain a new trial, appealed his cause to this court.
The action was commenced by the administrator of the estate of H. M. Simcox, deceased, against Lulu Howell, who was formerly Lulu…
2Cases cited7 opinions
- Shelton v. FranklinSupreme Court of Missouri · 1909
- Feurt v. AmbroseMissouri Court of Appeals · 1889
- Absher v. FranklinMissouri Court of Appeals · 1906
- McCartney v. State InsuranceMissouri Court of Appeals · 1891
- Citizens' State Bank v. PettitMissouri Court of Appeals · 1900
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3Cited by7 opinions
- Standard Marine Ins. Co., Ltd. v. Traders CompressSupreme Court of Oklahoma · 1915
- Michaelson v. WolfSupreme Court of Missouri · 1953
- Michaelson v. WolfSupreme Court of Missouri · 1953
- Weller v. WeaverMissouri Court of Appeals · 1936
- Yancey v. Southern Wholesale Lumber Co.Supreme Court of South Carolina · 1924
2 more not listed; retrieve them via the Exa API.