Beck v. Dowell
Supreme Court of Missouri
Certified from St. Louis Cowt of Appeals. (1) The court erred in sustaining the plaintiff’s, motion to strike out part of defendant’s answer, if the-matter stricken out tendered any defense, in whole or in part, to the action or any part of the action. Justice-v. Lancaster, 20 Mo.
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Certified from St. Louis Cowt of Appeals. (1) The court erred in sustaining the plaintiff’s, motion to strike out part of defendant’s answer, if the-matter stricken out tendered any defense, in whole or in part, to the action or any part of the action. Justice-v. Lancaster, 20 Mo. App. 559; Kerr v. Simmons, 82 Mo. 269. ('2) The matters pleaded in defendant’s-answer were largely mitigating circumstances he had, as a defense, to the charges of malice made in the plaintiff’s petition. . They were also justifications for the shooting, and were necessary to be pleaded in order to avail himself of…
1Opinion of the CourtGantt, P. J.
This cause wás appealed from the circuit court of Lewis county to the St, Louis court of appeals. That court in an opinion by Judge Rombaueb, affirmed the judgment of the circuit court; but Judge Biggs being of the opinion that the conclusion reached by the majority, that evidence of the financial condition of the plaintiff in an action when the evidence will justify the jury in awarding exemplary or punitive damages was admissible, is in conflict with and opposed to two decisions of this court, to-wit: Overholt v. Vieths, 93 Mo. 422, and Stephens v. Railroad, 96 Mo. 207, the cause was, under…
2Cases cited9 opinions
- Stephens v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1888
- Buckley v. KnappSupreme Court of Missouri · 1871
- Overholt v. ViethsSupreme Court of Missouri · 1887
- Dailey v. HoustonSupreme Court of Missouri · 1874
- Franz v. HilterbrandSupreme Court of Missouri · 1869
4 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Haehl v. Wabash RailroadSupreme Court of Missouri · 1893
- Nichols v. NicholsSupreme Court of Missouri · 1898
- Holcroft v. Missouri-Kansas-Texas RailroadMissouri Court of Appeals · 1980
- Stipp v. Tsutomi KarasawaSupreme Court of Missouri · 1958
- Utlaut v. Glick Real Estate Co.Supreme Court of Missouri · 1952
17 more not listed; retrieve them via the Exa API.