Legal Opinion

Johnson v. Moffett

Missouri Court of Appeals

Decided October 27, 1885PublishedCited by 4 opinions

Appeal from the Clark Circuit Court, Ben. E. Turnee, Judge. The application for a change of venue should have been granted. Qorpenny v. Sedalia, 57 Mo. 88. There is no allegation of ownership of the injured property. Wiggins v. Graham, 51 Mo. 17; Pier v. Heinrichoffen, 52 Mo. 333; Qurran v. Downs, 3 Mo. App. 468. One who offers to give testimony as an expert must be shown to be qualified to. do so.

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Appeal from the Clark Circuit Court, Ben. E. Turnee, Judge. The application for a change of venue should have been granted. Qorpenny v. Sedalia, 57 Mo. 88. There is no allegation of ownership of the injured property. Wiggins v. Graham, 51 Mo. 17; Pier v. Heinrichoffen, 52 Mo. 333; Qurran v. Downs, 3 Mo. App. 468. One who offers to give testimony as an expert must be shown to be qualified to. do so. The application for a change of venue did not comply with the requirements of the statute. Rev. Stat., sects. 3731, 3732 ; Lewin 'o. Dille, 17 Mo. 64; Corpenny v. Sedalia, 57 Mo. 88; Byrne v. Si.…

1Opinion of the CourtThompson, J.

This was a suit commenced before a justice of the peace for damages for killing a horse, and injuring another horse, by over-driving. On an appeal to the circuit court and a trial by a jury, the plaintiff had a verdict for seventy-five dollars and interest. He remitted the interest, and judgment was rendered for the principal, from which the defendants have appealed. The errors relied on to reverse the judgment are :

1. That the court erred in overruling the defendant’s motion for a change of venue. The record merely discloses that such a motion was made, supported by an affidavit of prejudice…

2Cases cited3 opinions

  1. Allen v. McMonagleSupreme Court of Missouri · 1883
  2. Hale v. Van DeverSupreme Court of Missouri · 1878
  3. Strathmann v. GorlaMissouri Court of Appeals · 1883

3Cited by4 opinions

  1. Summers v. Western Home InsuranceMissouri Court of Appeals · 1891
  2. Colley v. CoxMissouri Court of Appeals · 1954
  3. Woolwine v. BickMissouri Court of Appeals · 1890
  4. Cunningham v. DickersonMissouri Court of Appeals · 1904

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