Champagne v. Hamey
Supreme Court of Missouri
Appeal from Buchanan Circuit Court. — Eon. A. M. Woodson, Judge. (1) The trial court erred in refusing to sustain a demurrer to the evidence.
Read the full summary
Appeal from Buchanan Circuit Court. — Eon. A. M. Woodson, Judge. (1) The trial court erred in refusing to sustain a demurrer to the evidence. The theory of the court was that there was a scintilla of evidence to go to the jury, that the testimony of the plaintiff if true, made a case, and though her testimony was uncorroborated, unreasonable and unnatural, and opposed to all the probabilities, circumstances and physical facts, still it was the duty of the court to submit the case to the jury, and the province of the jury to determine whether her testimony was true or false. "We respectfully…
1Opinion of the CourtPox, J.
This cause is here upon an appeal from a judgment against the defendant in the Buchanan County Circuit Court. The cause of action upon which this judgment rests, is thus stated by the plaintiff:. “Plaintiff for cause of action, states that she is an infant of the age of seventeen years; that she was on the 7th day of June, 1899, just a few days past sixteen years old; that her mother is dead and that Mrs. Erwin was her foster mother and took her when she was *714about two years old; that sbe lived with ber foster-mother until the latter part of March, 1900. That the defendant is the son-in-law of…
2Cases cited8 opinions
- People v. . O'SullivanNew York Court of Appeals · 1887
- State v. MarcksSupreme Court of Missouri · 1897
- State v. PatrickSupreme Court of Missouri · 1891
- Barrick v. . SchifferdeckerNew York Court of Appeals · 1890
- State v. WittenSupreme Court of Missouri · 1890
3 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- State v. ThomasSupreme Court of Missouri · 1943
- State v. RichardsonSupreme Court of Missouri · 1942
- State v. BeckSupreme Court of Missouri · 1963
- Reidhead v. StateArizona Supreme Court · 1926
- State v. WadeSupreme Court of Missouri · 1924
9 more not listed; retrieve them via the Exa API.