Ashurst v. Lohoefner
Missouri Court of Appeals
Appeal from Lafayette Circuit 'Court. — Ron. Samuel Davis, Judge. (1) The court erred in .considering and sustaining the demurrer to the evidence and directing a verdict for defendants when the plaintiff was partly through plaintiff’s evidence and before plaintiff had concluded his evidence in chief or rested his case and without allowing plaintiff opportunity to present all his evidence in chief.
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Appeal from Lafayette Circuit 'Court. — Ron. Samuel Davis, Judge. (1) The court erred in .considering and sustaining the demurrer to the evidence and directing a verdict for defendants when the plaintiff was partly through plaintiff’s evidence and before plaintiff had concluded his evidence in chief or rested his case and without allowing plaintiff opportunity to present all his evidence in chief. The court is authorized to pass on a demurrer to the evidence at the close of plaintiff’s evidence and after he has rested his case, or at the close of all the evidence in the case. There is no…
1Opinion of the Court
ELLISON, J. —
Defendant was the owner of a tract of land in Lafayette county, through which was located a right of way eighty feet wide for a drainage ditch under the provisions of article 4, chapter 41, Revised Statutes 1909. On the 7th day of October, 1907, a contract for the construction of the ditch was regularly let to plaintiff as the lowest and best bidder, to be paid for in bonds of the drainage district as directed by the statute. His contract provided that he was to begin work within ten days after the bonds had been sold and complete the- same within one- year. The bonds were not…
2Cases cited13 opinions
- Jackson ex dem. Yates v. HathawayNew York Supreme Court · 1818
- Snoddy v. BolenSupreme Court of Missouri · 1894
- Pratt v. ConwaySupreme Court of Missouri · 1899
- Robert v. . SadlerNew York Court of Appeals · 1887
- Denniston v. ClarkMassachusetts Supreme Judicial Court · 1878
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3Cited by3 opinions
- Hill-Behan Lumber Co. v. Skrainka Construction Co.Supreme Court of Missouri · 1937
- Bradley v. Elsberry Drainage DistrictSupreme Court of Missouri · 1968
- Piculjan v. Union Electric Light & Power Co.Missouri Court of Appeals · 1921