Brown v. St. Louis & San Francisco Railway Co.
Missouri Court of Appeals
Appeal from the Lawrence Circuit Court. — Hon.- J. C. Lamson, Judge. The evidence of bo-th J. T. S. Brown and E. L. Burbank shows that the bill of lading and the telegram were of easy access, and yet the court permitted the contents of both to be proven by copy. This was error. 7 Am. & Eng. Ency.
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Appeal from the Lawrence Circuit Court. — Hon.- J. C. Lamson, Judge. The evidence of bo-th J. T. S. Brown and E. L. Burbank shows that the bill of lading and the telegram were of easy access, and yet the court permitted the contents of both to be proven by copy. This was error. 7 Am. & Eng. Ency. Law, pp. 87, 88. The delivery of goods by a vendor to a common carrier for transportation to the purchaser, passes the title to the purchaser, and the carrier is obliged to deliver the goods to the owner. State v. Winfield, 115 Mo. 428; Comstock v. Affoelter, 50 Id. 411. The last remedy which an…
1Opinion of the CourtBiggs, J.
This is an action for the recovery of money. The defendant appeared to the action. The trial resulted in a judgment for the plaintiff. The defendant has appealed.
Trial By Court of Issue of Fact, Without Waiver Of Jury: motion in arrest. The record shows a trial before the court, but neither the judgment entry nor the minutes of the court show that a jury was waived. The defendant moved to arrest the judgment on that ground, and the circuit court overruled the motion. In this the court committed error. The statute provides that an issue of fact in an action for the recovery of money must be…
2Cases cited4 opinions
- Vaughn v. ScadeSupreme Court of Missouri · 1860
- Briggs v. St. Louis & San Francisco Railway Co.Supreme Court of Missouri · 1892
- Brown v. WoodSupreme Court of Missouri · 1854
- T. W. Harvey Lumber Co. v. Herriman & Curd Lumber Co.Missouri Court of Appeals · 1890
3Cited by3 opinions
- Davis v. MontgomerySupreme Court of Missouri · 1907
- Reckendorfer v. RobertsMissouri Court of Appeals · 1913
- Nelson Manufacturing Co. v. ShreveMissouri Court of Appeals · 1904