Bambrick v. Bambrick
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Eon. Leroy B. Valliant, Judge. (1) Where there is a conflict in the evidence, or the evidence is all one way, as here, or where reasonable minds may differ with respect to the matter, plaintiff is entitled to have his case submitted to the jury unless as a matter of law the court would be compelled to set aside a verdict if found. Earley v. Pettes, 5 Mo. App. 262; Dennis v. Crookes, 23 Mo. App. 532; 7 Am. and Eng.
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Appeal from St. Louis City Circuit Court. — Eon. Leroy B. Valliant, Judge. (1) Where there is a conflict in the evidence, or the evidence is all one way, as here, or where reasonable minds may differ with respect to the matter, plaintiff is entitled to have his case submitted to the jury unless as a matter of law the court would be compelled to set aside a verdict if found. Earley v. Pettes, 5 Mo. App. 262; Dennis v. Crookes, 23 Mo. App. 532; 7 Am. and Eng. Ency. of Law (2 Ed.), 114; Thurston v. Thornton, 1 Cush. (Mass.) 89; Winchester v. Howard, 9Y Mass. 304; Grant v. Ry. Co., 25 Mo. App.…
1Opinion of the CourtGantt, P. J.
The petition in this case contained two counts but as plaintiff voluntarily dismissed bis action on the first count, it will not be necessary to encumber this record with that count.
The second count is in the words following:
“Eor a second cause of action plaintiff states that on or about the 24th day of July, 1891, Patrick Bambrick, a resident of the city of St. Louis, died in said city leaving the defendant Bose A. Bambrick, his widow; that at the time of his death said Patrick Bambrick was justly indebted to this plaintiff for money loaned to him and for money paid at his request for and on…
2Cases cited1 opinion
- Cape Girardeau County ex rel. Road & Canal Fund v. HarbisonSupreme Court of Missouri · 1874
3Cited by8 opinions
- Winders v. . HillSupreme Court of North Carolina · 1907
- Johnson v. FrankSupreme Court of Missouri · 1945
- Haskell v. MansonMassachusetts Supreme Judicial Court · 1909
- Brown v. QuintonSupreme Court of Kansas · 1912
- Overfield v. GarnerMissouri Court of Appeals · 1980
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