Gwin v. Waggoner
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Hon. T. A. Gill, Judge. (1) The second instruction given for the plaintiff totally ignored the defense and the evidence adduced in support of it. The case was presented in a one-sided aspect.
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Appeal from Jackson Circuit Court. — Hon. T. A. Gill, Judge. (1) The second instruction given for the plaintiff totally ignored the defense and the evidence adduced in support of it. The case was presented in a one-sided aspect. Unwarrantably, the defendants were saddled with the burden of proof and declared to rest under a presumption and a prima-facie case, and then to make the resulting prejudice to their side of the case complete, no notice is taken of their defense, but their evidence is treated as utterly immaterial. Gilson v. Railroad, 76 Mo. 282, 286; Sullivan v. Railroad, 88 Mo. 169,…
1Opinion of the CourtRat, C. J.
— -Plaintiff brought this action to recover a balance of fifty-live hundred dollars with interest, alleged to be due him by defendants, on account of a sale to them, of his one-fifth interest in the “ Tilden Mine,” located in the state of Colorado. Plaintiff obtained judgment, and defendant has appealed, and assigns for error certain exceptions taken in the progress of the trial to the exclusion of evidence, offered in their behalf, and to the action of the court in giving instructions for plaintiff, and certain alleged misconduct of the jury.
Speaking generally, it may be said that the…
2Cited by9 opinions
- Dougherty v. DoughertySupreme Court of Missouri · 1907
- Girard v. St. Louis Car-Wheel Co.Missouri Court of Appeals · 1891
- Gwin v. WaggonerSupreme Court of Missouri · 1893
- Ask, Inc. v. WegerleNorth Dakota Supreme Court · 1979
- Grand Lodge of Ancient Order of United Workmen v. SaterMissouri Court of Appeals · 1891
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