Deuser v. Walkup
Missouri Court of Appeals
Appeal from the Atchison Circuit Court. — Hon. Cyrus A. Anthony, Judge. (1) The court erred in excluding from the jury the $213.39 Watson note. The error in describing the note was not material to the validity of the mortgage.
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Appeal from the Atchison Circuit Court. — Hon. Cyrus A. Anthony, Judge. (1) The court erred in excluding from the jury the $213.39 Watson note. The error in describing the note was not material to the validity of the mortgage. (2) The court erred in excluding' the testimony of John P. Lewis as to the settlement of Hamilton with Deuser Bros. & Co. at Fairfax; both parties and their agents were present; what, was done by both parties could not be confidential. 1 Thompson on Trials, sec. 296, and numerous authorities extant; 1 Greenl. Ev. [10 Ed.] secs. 244, 245; Bank v. Abernathy, 32 Mo. App.…
1Opinion of the CourtEllison, J.
This is an action of trespass on account of the seizure of property claimed by plaintiff. The Hunters were plaintiffs in an attachment suit against one Hamilton, and Walkup is the sheriff who seized the property under the writ of attachment. A trial in the circuit court resulted in a judgment for defendants, and plaintiff brings the case here. The facts of the case as disclosed-by the statement of plaintiff are very much involved, and it is to be regretted that we are not aided by a brief from the defendants. We will state, in a general way, that it appears that plaintiff claims to be the…
2Cases cited4 opinions
- Wade v. HardySupreme Court of Missouri · 1882
- Perry's Administrators v. RobertsSupreme Court of Missouri · 1852
- Williams v. Moniteau National BankSupreme Court of Missouri · 1880
- Scott v. BaileySupreme Court of Missouri · 1856
3Cited by6 opinions
- Wahl v. CunninghamSupreme Court of Missouri · 1928
- David Adler & Sons Clothing Co. v. HellmanNebraska Supreme Court · 1898
- Hamil & Co. v. EnglandMissouri Court of Appeals · 1892
- Standard Oil Co. v. Meyer Bros. Drug Co.Missouri Court of Appeals · 1900
- Allen v. . ShiffmanSupreme Court of North Carolina · 1916
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