Legal Opinion

Craig v. Scudder

Supreme Court of Missouri

Decided October 15, 1889PublishedCited by 12 opinions

Appeal from St. Louis City Circuit Court. —Hon. Daniel Dillon, Judge. (1) Instructions numbers C, D and E, given at the instance of defendant, were argumentative, misleading, confusing and illegal. (2) It was error to sustain objection of defendants to the offer of plaintiff to read certain parts of the testimony of W. H. Seudder as found in the report of the referee in the case of Ames v. Seudder. They were admissions of one of these defendants, and therefore competent.

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Appeal from St. Louis City Circuit Court. —Hon. Daniel Dillon, Judge. (1) Instructions numbers C, D and E, given at the instance of defendant, were argumentative, misleading, confusing and illegal. (2) It was error to sustain objection of defendants to the offer of plaintiff to read certain parts of the testimony of W. H. Seudder as found in the report of the referee in the case of Ames v. Seudder. They were admissions of one of these defendants, and therefore competent. (1) There was no error in the instructions. (2) The evidence offered by plaintiff and rejected was hearsay. Morris v.…

1Opinion of the CourtSherwood, J.

— I. Action on a contract for services rendered as clerk of defendants, and the simple issue presented by the pleadings was whether such a contract was made. There was evidence on this point pro and con. and the jury brought in a verdict for the defendants.

What the instructions were, we are not informed, and so cannot pass upon the propriety of their being given or refused. Our rule 15 requires that the appellant or plaintiffs in error make out “an abstract or abridgment of the record in said cause, setting forth so much thereof as is necessary to a full understanding of all questions…

2Cases cited3 opinions

  1. Manufacturers' Savings Bank v. Big Muddy Iron Co.Supreme Court of Missouri · 1888
  2. Long v. LongSupreme Court of Missouri · 1888
  3. Flannery v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1888

3Cited by12 opinions

  1. Murrell v. McGuiganSupreme Court of Missouri · 1899
  2. Cunningham v. Union Pacific Railway Co.Supreme Court of Missouri · 1892
  3. Gunby v. RogersMissouri Court of Appeals · 1890
  4. Mills v. McDanielsMissouri Court of Appeals · 1894
  5. Claflin v. SylvesterSupreme Court of Missouri · 1889

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