Sims v. Hall
Missouri Court of Appeals
Appeal from Stone Circuit Court. — Hon. John T. Moore, Judge. That the demurrer to the evidence should have been sustained by the court of the evidence of plaintiff and his witnesses failed to prove the allegations in the petition. Flanders v. Green, 50 Mo.
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Appeal from Stone Circuit Court. — Hon. John T. Moore, Judge. That the demurrer to the evidence should have been sustained by the court of the evidence of plaintiff and his witnesses failed to prove the allegations in the petition. Flanders v. Green, 50 Mo. App. 371; Riley v. Sherwood, 144 Mo. 354. That the court erred in receiving evidence subject to objection of the defendant and withheld his ruling on such evidence and then oral-Iv told the jury not to consider certain parts of it. Sea-field y. Bohne, 169 Mo. 537; Asbury v. Hicklin, 181 Mo. 658. That the instructions 1 to 4, inclusive,…
1Opinion of the CourtReynolds, P. J.
This action was commenced before a justice of the peace, in Stone county, for damages for the value of three foxhounds, alleged to have been killed by the defendant. On verdict and judgment in favor of respondent, plaintiff below, defendant appealed to the circuit court, where, on a new trial, verdict was again rendered in favor of respondent, and the case is here on appeal. The only assigned error necessary to notice, is to the action of the trial court-in striking out from an instruction asked by the defendant the words, “or destroying the property of defendant.” That instruction is as…
2Cases cited4 opinions
- Asbury v. HicklinSupreme Court of Missouri · 1904
- Reed v. GoldneckMissouri Court of Appeals · 1905
- Seafield v. BohneSupreme Court of Missouri · 1902
- Fisher v. BadgerMissouri Court of Appeals · 1902
3Cited by2 opinions
- Ewalt v. GarnettMissouri Court of Appeals · 1914
- Rudicile v. BarrMissouri Court of Appeals · 1915