Kelly v. Rowane
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Hon. Leroy B. Valliant, Judge, f The court erred in the admission and exclusion of evidence. Natcghton v. Stagg, 4 Mo. App. 275. The court erred in giving the instruction asked by plaintiff, and in refusing instructions C. and D. asked by defendant. Chouteau v. Iron Works, 83 Mo. 73; Evans v. Railroad, 16 Mo. App. 522 ; Fitzgerald v. Hayward, 90 Mo. 522; Eyerman v. Oem. Ass'n, 61 Mo. 489 ; Park v. Kitchen, 1 Mo.
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Appeal from the St. Louis City Circuit Court. — Hon. Leroy B. Valliant, Judge, f The court erred in the admission and exclusion of evidence. Natcghton v. Stagg, 4 Mo. App. 275. The court erred in giving the instruction asked by plaintiff, and in refusing instructions C. and D. asked by defendant. Chouteau v. Iron Works, 83 Mo. 73; Evans v. Railroad, 16 Mo. App. 522 ; Fitzgerald v. Hayward, 90 Mo. 522; Eyerman v. Oem. Ass'n, 61 Mo. 489 ; Park v. Kitchen, 1 Mo. App. 357; Duke v. Harper, 8 Mo. App. 301; Williams v. Porter, 51 Mo. 441; Hall v. Johnson, 57 Mo. 521. Though a contract is necessary…
1Opinion of the CourtRombauer, P. J.
This is an action upon a mechanic’s lien, in which the plaintiff had two successive recoveries, one before the justice, where the action was originally brought, and the other in the circuit court on appeal. The defendant assigns for errors that the court admitted illegal evidence, gave an erroneous instruction on behalf of plaintiff, and refused the instruction offered by him, contending in substance that the case was tried on a wholly erroneous theory as to the relief to which plaintiff was entitled, and as to the extent of plaintiff’s right of recovery in the premises. The plaintiff’s…
2Cases cited10 opinions
- Yeats v. BallentineSupreme Court of Missouri · 1874
- Williams v. PorterSupreme Court of Missouri · 1873
- Davis v. BrownSupreme Court of Missouri · 1878
- Eyerman v. Mount Sinai Cemetery Ass'nSupreme Court of Missouri · 1876
- Goetz v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1872
5 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- State ex rel. United Railways Co. v. ReynoldsSupreme Court of Missouri · 1914
- Howes v. Reliance Wire-Works Co.Supreme Court of Minnesota · 1891
- Fuhler v. Gohman & Levine Construction Co.Supreme Court of Missouri · 1940
- Baerveldt & Honig Construction Co. v. Dye Candy Co.Supreme Court of Missouri · 1948
- Barnett v. StevensIndiana Court of Appeals · 1896
9 more not listed; retrieve them via the Exa API.