Legal Opinion

Page v. Kankey

Supreme Court of Missouri

Decided August 15, 1840PublishedCited by 8 opinions

Appeal from Cooper Circuit Court. 1st. That the Court erro;] in refusing to permit the defendant to cross-examine Childs, as he proposed to do after he had been sworn in chief by the plaintiff, 4. Wendell’s Rep. 369, Jackson on the demise of Lowell vs Parkhunt, see 1. Phillip’s E. 228, old edition, 273-4, Cowan’s Edi. 2. Wendell 166, same book 583, 5, Mass. 334-5-6, 11, Dicking 273-4. 2nd.

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Appeal from Cooper Circuit Court. 1st. That the Court erro;] in refusing to permit the defendant to cross-examine Childs, as he proposed to do after he had been sworn in chief by the plaintiff, 4. Wendell’s Rep. 369, Jackson on the demise of Lowell vs Parkhunt, see 1. Phillip’s E. 228, old edition, 273-4, Cowan’s Edi. 2. Wendell 166, same book 583, 5, Mass. 334-5-6, 11, Dicking 273-4. 2nd. That the plaintiff did not take issue, to the plea of set-ofij nor did the Jury find the same, which was left undisposed of, and therefore the court erred in rendering judgment upon the finding of the jury…

1Opinion of the Court

Opinion of the Court by

Napton, Judge.

Kankey sued Page in assumpsit, to which defendant plead non-assumpsit and set-off. Issue was taken on the plea of non-assumpsit, verdict and judgment for plaintiff.

On the trial, plaintiff introduced one Childs as a witness, *434testified on his voir dire that he was interested in the of the cause-, in favor of Page.

i» sw^nfamT gives some oridencfit however for-^tast^he"" may be cross .examined in relation to.ail matters in■volved m the ioa.oe.

Notwithstanding, plaintiff examined him and proved by his'testimony, the signature of said Page to certain letters,…

2Cited by8 opinions

  1. Rush v. FrenchArizona Supreme Court · 1874
  2. Ayers v. Wabash RailroadSupreme Court of Missouri · 1905
  3. St. Louis & Iron Mountain Railroad v. SilverSupreme Court of Missouri · 1874
  4. State v. BradySupreme Court of Missouri · 1885
  5. Diel v. StegnerMissouri Court of Appeals · 1894

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