Creelman Lumber Co. v. DeLisle
Missouri Court of Appeals
Appeal from Cape Girardeau Circuit Court. — Hon. H. G. Riley, Judge. Action for conversion and judgment of trial court for defendant. (1) In view of the pleadings the court erred in permitting defendant, over plaintiff’s objection, to show condition of other lumber, previous inspection, waste, etc. McGuire v. DeFrese, 77 Mo.
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Appeal from Cape Girardeau Circuit Court. — Hon. H. G. Riley, Judge. Action for conversion and judgment of trial court for defendant. (1) In view of the pleadings the court erred in permitting defendant, over plaintiff’s objection, to show condition of other lumber, previous inspection, waste, etc. McGuire v. DeFrese, 77 Mo. App. 683; Obert v. Dunn, 140 Mo. 476, 41 S. W. 901; Eddy v. Baldwin, 32 Mo. 369; Green v. Gallagher, 35 Mo. 226. (2) Evidence which tends only to confuse and obscure the real issues should never be admitted. Bank v. Bank, 64 Mo. App. 253; Cole v. Railroad, 60 Mo. 227;…
1Opinion of the CourtBland, P. J.
(after stating the facts). — 1. The certificate of the Secretary of State authorizing plaintiff to do business in this State was obtained by plaintiff before the trial of the cause. Defendant objected to the introduction of any testimony by the plaintiff, *623on the ground that the certificate of the Secretary of State was not issued until after the suit was commenced. This objection was untenable, under the ruling of the Supreme Court in the case of Carson-Rand Co. v. Stern, 129 Mo. 381, 31 S. W. 772, and was properly overruled.
2. The following facts were proven by plaintiff and not controverted…
2Cases cited6 opinions
- Carson-Rand Co. v. SternSupreme Court of Missouri · 1895
- Miller v. DunlapMissouri Court of Appeals · 1886
- Cady v. CoatesMissouri Court of Appeals · 1903
- Crawley v. MullinsSupreme Court of Missouri · 1871
- Stewart v. SparkmanMissouri Court of Appeals · 1898
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Friedenwald Co. v. WarrenMassachusetts Supreme Judicial Court · 1907
- Strother v. McMullen Lumber Co.Supreme Court of Missouri · 1906