Woolwine v. Bick
Missouri Court of Appeals
Appeal from the Audrain Circuit Court. — Hon. E. M. Hughes, Judge. (1) ■ Section 3596, Revised Statutes: Forcing a party to trial when the opposite party admits that the witness would “-swear to the facts set out” is unconstitutional. Const. Mo., sec. 30, art. 2; State v. Berldey, 92 Mo. 41; Eisner v. Sup.
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Appeal from the Audrain Circuit Court. — Hon. E. M. Hughes, Judge. (1) ■ Section 3596, Revised Statutes: Forcing a party to trial when the opposite party admits that the witness would “-swear to the facts set out” is unconstitutional. Const. Mo., sec. 30, art. 2; State v. Berldey, 92 Mo. 41; Eisner v. Sup. Lodge, 11 S. W. Rep. 991; s. o., 98 Mo. 640. (2) The defendant in'the trial was not only deprived of the presence and testimony of his witnesses, without the process of the court having first been exhausted to force their attendance,- but forced into trial on a meager and hasty statement,…
1Opinion of the CourtGill, J.
Plaintiffs, liverymen at Mexico, Missouri, in April, 1887, hired a team of horses to defendant, a traveling salesman, who drove to the neighboring ing towns and villages, ánd returned to Mexico the night of the succeeding day. One of the horses died the next morning and the other, it was claimed, was badly injured. Plaintiffs sued defendant, alleging the death of one of their animals and the injury to the *499other was occasioned by cruelty, mistreatment and overdriving. At the trial in the circuit court a verdict and judgment was had against defendant in the sum of one hundred and seventy-five…
2Cases cited2 opinions
- Elsner v. Supreme Lodge, Knights & Ladies of HonorSupreme Court of Missouri · 1889
- Johnson v. MoffettMissouri Court of Appeals · 1885
3Cited by4 opinions
- Colley v. CoxMissouri Court of Appeals · 1954
- Geary v. Kansas City, Osceola & Southern Railway Co.Supreme Court of Missouri · 1897
- Ely & Walker Dry Goods Co. v. McLaughlin, Dyer & Co.Missouri Court of Appeals · 1899
- Hackmann v. GutweilerMissouri Court of Appeals · 1896