Yowell v. Vaughn
Missouri Court of Appeals
Appeal from the Monroe Circuit Court. — Ron. Beuben F. Boy, Judge. (1) Where there is an entire absence of any substantial evidence tending to prove the material allegations of the petition, or the evidence is insufficient in law to support a verdict, it is error to refuse to give an instruction in the nature of a demurrer.
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Appeal from the Monroe Circuit Court. — Ron. Beuben F. Boy, Judge. (1) Where there is an entire absence of any substantial evidence tending to prove the material allegations of the petition, or the evidence is insufficient in law to support a verdict, it is error to refuse to give an instruction in the nature of a demurrer. Charles v. Patch, 87 Mo. 450; Hyde v. Railroad, 110 Mo. 272; Gutridge v. Railroad, 105 Mo. 520; Twohey v. Eruin, 96 Mo. 104. (2) Appellant contends that under the authorities in this state the court should have sustained appellant’s motion in arrest of judgment for the…
1Opinion of the CourtBland, P. J.
— Thé petition alleges that plaintiff and Amanda C. Poage were married to each other on November 2, 1876 and continued to live together, until the-day of October, 1894; that three children were born of their marriage, and that the marriage had been a happy one; that defendant (whose wife was a sister of plaintiff’s wife), was on the most intimate and friendly relations with plaintiff and his wife and was a frequent visitor at their house, and that by reason of these friendly and intimate relations the defendant had an undue influence' over plaintiff’s wife; that on and before the-day of…
2Cases cited1 opinion
- Nichols v. NicholsSupreme Court of Missouri · 1898
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