Vaughn v. Montgomery
Supreme Court of Missouri
ERROR to the circuit court of Pulaski county. The circuit court erred in its supplemental instructions to the jury, and also erred in refusing a new trial. Authorities to 1st Point. — Hines v. McKinney, 3 Mo. Rep. 382; Fenton v. Perkins, 16, 23. 2d Point. — Downing v. Garner, 1 Mo. Rep. 751; 2 Stark. Evi. 800-8; 1 Chit. Plead. 183, 184; 1 John. Cases, 20, 16, 228; 2 John. Cases, 27; Percival v. Jones, 2 John. Cases, 49; Hess v. Morgan, 3 John.
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ERROR to the circuit court of Pulaski county. The circuit court erred in its supplemental instructions to the jury, and also erred in refusing a new trial. Authorities to 1st Point. — Hines v. McKinney, 3 Mo. Rep. 382; Fenton v. Perkins, 16, 23. 2d Point. — Downing v. Garner, 1 Mo. Rep. 751; 2 Stark. Evi. 800-8; 1 Chit. Plead. 183, 184; 1 John. Cases, 20, 16, 228; 2 John. Cases, 27; Percival v. Jones, 2 John. Cases, 49; Hess v. Morgan, 3 John. Cases, 84. 1. That inasmuch as the court below gave all the instructions required by'the plaintiff, the additional instruction given to the jury by the…
1Opinion of the CourtNapton, Judge
Yaughn sued Montgomery in trespass before the circuit court of Pulaski county, and a verdict and judgment being against him, he appealed to this court.
The facts, so far as-disclosed by the bill of exceptions, were these: One McElroy sued "Vaughn befm’e Montgomery, then a justice of the peace, and obtained judgment for $35 debt and $9 75 costs. Yaughn appealed, and entered into bond according to law, but afterwards, and before the papers were removed to the clerk’s office, both McElroy and Vaughn sent word to the justice to countermand the appeal, assuring him that their case was compromised.…
2Cases cited3 opinions
- Close v. GillespeyNew York Supreme Court · 1808
- Foster v. NowlinSupreme Court of Missouri · 1835
- Feeter v. WhippleNew York Supreme Court · 1811
3Cited by1 opinion
- Welsh v. City of St. LouisSupreme Court of Missouri · 1880