State ex rel. Mechanics-American National Bank v. Sturgis
Supreme Court of Missouri
Certiorari. (1) Even uncontradicted testimony of a witness as to alleged facts does not create a conclusive presumption that such facts are true; it is still a question, of fact for the jury to determine whether or not such alleged facts are true. Gannon v. Laclede Gas Light Company, 145 Mo. 514, 520. The. court in this case confounds uncontradicted evidence with conceded facts, and, in any event, invades the constitutional province of the jury. Wack v. Railroad Co., 175 Mo.
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Certiorari. (1) Even uncontradicted testimony of a witness as to alleged facts does not create a conclusive presumption that such facts are true; it is still a question, of fact for the jury to determine whether or not such alleged facts are true. Gannon v. Laclede Gas Light Company, 145 Mo. 514, 520. The. court in this case confounds uncontradicted evidence with conceded facts, and, in any event, invades the constitutional province of the jury. Wack v. Railroad Co., 175 Mo. App. 127; Dorsey v. Railroad Co., 175 Mo. App. 160; Craig v. United Railways Company, 175 Mo. App. 626; Hill v. Dillon,…
1Opinion of the CourtFaris, J.
This is an original proceeding by certiorari, whereby relator seeks to quash the record of the Springfield Court of Appeals in the case of Mechanics-American National Bank, Appellant, against M. Helmbacher, Respondent, for that, as it is averred, the opinion filed therein by the Court of Appeals is in certain behalves in conflict with the last previous rulings of this court.
The facts in the above case (which for brevity we shall call the Helmbacher case), as these facts were found by the learned Court of Appeals, are thus set fourth in the opinion of that court:
“This is a suit on a promissory…
2Cases cited2 opinions
- In re Assessment of Collateral Inheritance Tax in Estate of LankfordSupreme Court of Missouri · 1917
- American National Bank v. BangsSupreme Court of Missouri · 1868
3Cited by10 opinions
- Missouri, Kansas & Texas Railway Co. v. American Surety Co.Supreme Court of Missouri · 1921
- Lampe v. Franklin American Trust Co.Supreme Court of Missouri · 1936
- State Ex Rel. Missouri State Life Insurance v. AllenSupreme Court of Missouri · 1922
- St. Louis Union Trust Co. v. HillSupreme Court of Missouri · 1920
- State Ex Rel. Calhoun v. ReynoldsSupreme Court of Missouri · 1921
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