Omohundro v. Emerson
Missouri Court of Appeals
Appeal from the Audrain Circuit Court. — Hon. Elliott M. Hughes, Judge. Appellant’s complaint as to instructions given for the plaintiff and refused for the defendant, can not be noticed or considered by this court. The record affirmatively shows that it does not contain instruction number 1 given for the plaintiff, and none of the instructions asked for by defendant, are in the record.
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Appeal from the Audrain Circuit Court. — Hon. Elliott M. Hughes, Judge. Appellant’s complaint as to instructions given for the plaintiff and refused for the defendant, can not be noticed or considered by this court. The record affirmatively shows that it does not contain instruction number 1 given for the plaintiff, and none of the instructions asked for by defendant, are in the record. In this state of the record, all the presumptions are in favor of the propriety of the action of the trial court, as in the absence of these instructions, it can not be determined whether error was committed…
1Opinion of the CourtBland, P. J.
The substance of the petition is, that on March 12, 1897, defendant entered plaintiff’s office at Bowling Green, Missouri (he being a justice of the peace and insiu’.ance agent), and without warning to plaintiff, willfully, unlawfully, maliciously and wantonly assaulted him with a glass insulator and struck him about the head repeatedly, inflicting dangerous wounds and bruises about his head and face and on his arm and shoulder, from which he suffered great bodily pain and mental anguish. $2,500 actual, and $2,500 punitive damages were’prayed for. The answer was a general denial. The cause…
2Cases cited4 opinions
- Birnet v. SharpSupreme Court of Missouri · 1883
- Greenabaum v. MillsapsSupreme Court of Missouri · 1883
- Evans-Snyder-Buell Co. v. TurnerSupreme Court of Missouri · 1898
- Sloan v. SpeakerMissouri Court of Appeals · 1895
3Cited by2 opinions
- Adler v. EwingMissouri Court of Appeals · 1961
- Haley v. WalkerMissouri Court of Appeals · 1928