State Bank of West Union v. Keeney
Missouri Court of Appeals
Appeal from Clay Circuit Court. — How. Francis H. Trimble, Judge. (1) The party who carries the burden of proof and fails as to a vital part of the chain of evidence is not entitled to a verdict and if he secures a verdict the appellate courts will set it aside. Lomax v. Railroad, 119 Mo. App. 198; Uhrick v. Osborn, 106 Mo. App. 492; Bond v. Railroad, 122 Mo. App. 207; Bryerly v. Light, etc., Co., 130 Mo. App. 603; Ballentine v. Mercer, 130 Mo.
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Appeal from Clay Circuit Court. — How. Francis H. Trimble, Judge. (1) The party who carries the burden of proof and fails as to a vital part of the chain of evidence is not entitled to a verdict and if he secures a verdict the appellate courts will set it aside. Lomax v. Railroad, 119 Mo. App. 198; Uhrick v. Osborn, 106 Mo. App. 492; Bond v. Railroad, 122 Mo. App. 207; Bryerly v. Light, etc., Co., 130 Mo. App. 603; Ballentine v. Mercer, 130 Mo. App. 618; Hanen v. Railroad, 155 Mo. 230; Bank v. Railroad, 98 Mo. App. 335. (2) The court erred in excluding the sworn and examined copies of the…
1Opinion of the CourtJohnson, J.
This cause was here on a former appeal of .the interpleader and was remanded for a new trial on the ground that the court erred in directing a verdict for the plaintiff. (134 Mo. App. 74). At the second trial the court submitted issues of fact' to the jury; a verdict was returned for the plaintiff and the interpleader appealed from a judgment rendered in accordance with the verdict. A statement of the case appears in our .former opinion and to'.avoid repetition we refer to that statement for an account of the principal facts of the transactions which gave-rise to the controversy before, us…
2Cases cited1 opinion
- State Bank of West Union v. KeeneyMissouri Court of Appeals · 1908
3Cited by1 opinion
- First National Bank v. WoelzMissouri Court of Appeals · 1917