McCombs v. Foster
Missouri Court of Appeals
Appeal from the Bates Circuit Court. — Hon. James H. Lax, Judge. (1) Ben Punk was neither a party to the suit nor a witness in the ease, and the court erred in overruling or refusing to rule upon plaintiff’s written request to exclude certain testimony as to his reputation for being a forger of paper, without having the questions paraded before the jury.
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Appeal from the Bates Circuit Court. — Hon. James H. Lax, Judge. (1) Ben Punk was neither a party to the suit nor a witness in the ease, and the court erred in overruling or refusing to rule upon plaintiff’s written request to exclude certain testimony as to his reputation for being a forger of paper, without having the questions paraded before the jury. Turner v. M. M. & F. Co., 56 N. W. Rep. 360; Jones v. Village of Portland,, 50 N. W. Rep. 734. (2) After the plaintiff offered to admit in the record, that witness E. N. Dickinson would testify to the bad reputation of Ben Punk, as was done…
1Opinion of the CourtEllison, J.
This cause is here on second appeal (62 Mo. App. 303). It is an action on a promissory note alleged to have been executed by the defendant and Ben Funk and M. J. Funk. Defendant was the only one of the parties served and the case was dismissed as to the Funks. Neither of them was a witness in the cause. Defendant pleaded non est factum, duly sworn to. The judgment in the trial court was for defendant.
At the opening of the case for the defense, the plaintiff seems to have apprehended that the defense would undertake to introduce evidence to show that Ben Funk’s reputation for truth and…
2Cases cited3 opinions
- State v. HillSupreme Court of Missouri · 1886
- McPeak v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1895
- McCombs v. FosterMissouri Court of Appeals · 1895
3Cited by2 opinions
- Brady v. St. Louis Public Service Co.Supreme Court of Missouri · 1950
- Brady v. St. Louis Public Service Co.Supreme Court of Missouri · 1950