Davis v. Vories
Supreme Court of Missouri
Appeal from Buchanan Circuit Court. — Hon. •A. M. Woodson, Judge. (1) The deposition of’ James Leach was irrelevant and injected into the case a-collateral issue, which was calculated to mislead and prejudice the jury. The evidence must correspond with the allegations, and be confined to the points in issue. 1 Greenl. on Ev. [14 Ed.], sec. 52; Best on Evidence, sec. 644; 7 Am. and Eng.
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Appeal from Buchanan Circuit Court. — Hon. •A. M. Woodson, Judge. (1) The deposition of’ James Leach was irrelevant and injected into the case a-collateral issue, which was calculated to mislead and prejudice the jury. The evidence must correspond with the allegations, and be confined to the points in issue. 1 Greenl. on Ev. [14 Ed.], sec. 52; Best on Evidence, sec. 644; 7 Am. and Eng. Ency. of Law, p. 58, and notes; Hubbard v. Bail-road, 39 Me. 506; Lewis v. Smith, 107 Mass. 334; Cutler v. Howe, 122 M.ass. 541. (2) Under the.pleadings and evidence the court should have directed a finding for…
1Opinion of the CourtBkace, J.
— This is an action on six promissory notes dated the twenty-fourth day of September, 1879, amounting in the aggregate to $1,400, all payable within one year-and bearing ten per cent interest from date; alleged in the petition to have been executed by the defendant to one R. T. Root, and by him assigned to the plaintiff A. Gr. Davis on the eleventh day of November; 1879, and by him assigned to his wife, the co-plaintiff Elizabeth C. Davis, on the fifth day of June, 1884. , The answer of the defendant admits the execution of the notes, and pleads as a defense failure of consideration, and that…
2Cases cited6 opinions
- Wood v. United StatesSupreme Court of the United States · 1842
- State v. MyersSupreme Court of Missouri · 1884
- Greene v. BishopU.S. Circuit Court for the District of Massachusetts · 1858
- State v. BayneSupreme Court of Missouri · 1886
- Parton v. PrangU.S. Circuit Court for the District of Massachusetts · 1872
1 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Reed v. Peck, Guitar & WatsonSupreme Court of Missouri · 1901
- Wolverine Oil Co. v. ParksSupreme Court of Oklahoma · 1919
- Fronk v. FronkMissouri Court of Appeals · 1911
- Wright v. StewartU.S. Circuit Court for the District of Missouri · 1904
- Edwards v. Chicago & Alton Railway Co.Missouri Court of Appeals · 1902
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