Tinsley v. Kemery
Supreme Court of Missouri
Transferred from St. Louis Court of Appeals. (1) The second defense set up by the answer was the only one submitted by the court, and the court excluded proper testimony tending to prove that issue, and committed error in giving demurrer to the evidence. Ring, Exr., v. Kelly, 10 Mo. App. 411; Peak v. Harris, 57 Mo. App. 467; Bldg. Assn. v. Kleinhoffer, 40 Mo.
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Transferred from St. Louis Court of Appeals. (1) The second defense set up by the answer was the only one submitted by the court, and the court excluded proper testimony tending to prove that issue, and committed error in giving demurrer to the evidence. Ring, Exr., v. Kelly, 10 Mo. App. 411; Peak v. Harris, 57 Mo. App. 467; Bldg. Assn. v. Kleinhoffer, 40 Mo. App. 388. (2) Under the testimony the court should have submitted the issue to the jury and the giving of the peremptory instruction was error. (3) The seventh defense of said answer should have been submitted to the jury. The bond was…
1Opinion of the CourtMarshall, J.
This is a suit upon a contractor’s bond, in which plaintiff seeks to recover a judgment for $343.71, against the contractor and the sureties on the bond, and the contractor counterclaims for $366.70 extras. The plaintiff had judgment in the circuit court for $359.12, and the defendants appealed to the St. Louis Court of Appeals. .That court transferred the case to this court on the ground that appellate jurisdiction is vested in this court, because the trial court had denied the defendants a trial by jury as guaranteed by section 28, article 2, Constitution of Missouri of 1875. [Tinsley v.…
2Cases cited3 opinions
- Creve Coeur Lake Ice Co. v. TammSupreme Court of Missouri · 1897
- Edwardson v. GarnhartSupreme Court of Missouri · 1874
- Tinsley v. KemeryMissouri Court of Appeals · 1900
3Cited by11 opinions
- Ex Parte Higgins v. HoctorSupreme Court of Missouri · 1933
- Johnston v. Star Bucket Pump Co.Supreme Court of Missouri · 1918
- Smith v. KunertNorth Dakota Supreme Court · 1908
- Wolf v. Hartford Fire Insurance Co.Supreme Court of Missouri · 1924
- Darlington v. AllisonCourt of Appeals of Texas · 1928
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