Simonds v. Oliver
Supreme Court of Missouri
Appeal from St. Louis Law Commissioner’s Court. This was an action originally commenced before a justice of the peace, to recover twenty dollars, alleged to have been overpaid by plaintiff in making change. Plaintiff obtained judgment before the justice, and the cause was appealed to the law commissioner’s court.
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Appeal from St. Louis Law Commissioner’s Court. This was an action originally commenced before a justice of the peace, to recover twenty dollars, alleged to have been overpaid by plaintiff in making change. Plaintiff obtained judgment before the justice, and the cause was appealed to the law commissioner’s court. Upon the trial before the law commissioner’s court, the plaintiff introduced testimony tending to prove that defendant (Oliver) purchased of plaintiff a lamp at the price of three dollars ; that in payment thereof he offered plaintiff a twenty dollar gold piece ; that plaintiff, not'…
1Opinion of the CourtLeonard, Judge
There is no error in the record, and it is difficult to imagine why the case was brought here. The controversy turned exclusively upon a single question of fact, and this was submitted to the jury who fairly passed upon it, after hearing all the evidence tendered by either party.
The specific instructions asked by the defendant were improper, and rightly refused. The English custom of summing up the evidence, and charging the jury as to the whole law of the case, does not prevail in this state; and, we believe, never has prevailed here. In our practice, each party asks specific instructions…
2Cited by1 opinion
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