Cann v. Rector of the Church of the Holy Redeemer
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. Jesse A. McDonald, Judge. (1) The demurrer to the evidence should have been sustained for the reason: (a) That there is no evidence that a majority of the vestry in meeting- assembled gave authority to Doctor Trotman to direct the architects as to the kind of building and character of materials to be used. Cann v. Church of the Redeemer, 111 Mo.
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Appeal from St. Louis City Circuit Court. — Hon. Jesse A. McDonald, Judge. (1) The demurrer to the evidence should have been sustained for the reason: (a) That there is no evidence that a majority of the vestry in meeting- assembled gave authority to Doctor Trotman to direct the architects as to the kind of building and character of materials to be used. Cann v. Church of the Redeemer, 111 Mo. App. 161. (b ) The assent of one or two of the vestry to Doctor Trotman’s directing the architects was not enough. There were six members present beside Doctor Trotman, the rector, and the only evidence…
1Opinion of the CourtGoode, J.
The legal propositions involved in the present case were determined by this court on a previous appeal. [Cann et al. v. Rector, Wardens and Vestrymen Church Redeemer, 111 Mo. App. 164.] The trial leading to the first appeal resulted in the circuit court holding the plaintiffs could not recover under the evidence adduced; Avhereupon they took a nonsuit and a motion to set the same aside having been overruled, brought the case here for review and it devolved on this court to examine the evidence in its various aspects in order to ascertain if plaintiffs had established a prima facie case. The…
2Cases cited3 opinions
- Jones v. WilliamsSupreme Court of Missouri · 1897
- Cann v. Rector of Church of the RedeemerMissouri Court of Appeals · 1905
- Wilson v. MurphySupreme Court of Missouri · 1870