Legal Opinion

Sparr & Green v. Wellman

Supreme Court of Missouri

Decided October 15, 1847PublishedCited by 18 opinions

APPEAL from St. Louis Court of Common Pleas. 1. That the court below arbitrarily excluded from the jury important statements made by the witness Crenshaw, on cross examination. 2. That the court prevented the defendant from putting a proper and important question to the same witness on cross examination. 3. That the court permitted the plaintiff to testify in his own cause, contrary to a long established maxium of the law. 4. Nor was this last error cured by the judge,…

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APPEAL from St. Louis Court of Common Pleas. 1. That the court below arbitrarily excluded from the jury important statements made by the witness Crenshaw, on cross examination. 2. That the court prevented the defendant from putting a proper and important question to the same witness on cross examination. 3. That the court permitted the plaintiff to testify in his own cause, contrary to a long established maxium of the law. 4. Nor was this last error cured by the judge, telling the jury to disregard the evidence; for who can say what effect it had on their minds? besides, what regard would a…

1Opinion of the CourtNapton, J.

This was an action on the case brought to recover the value of certain property, alledged to have been stolen from the plaintiff whilst a guest at the inn of the defendants. The case was tried upon the general issue.

The plaintiff introduced a witness, Crenshaw, who stated, that in May, 1845, whilst he was collecting news for the JV“ew Era, a daily journal in St. Louis, ha was informed that a robbery had been committed at the Virginia Hotel; that he went to said Hotel to learn the particulars and arrived there about dinner time, where a considerable crowd was collected in the bar room; that he…

2Cases cited2 opinions

  1. Clark & Co. v. SpenceSupreme Court of Pennsylvania · 1840
  2. Tuttle v. HuntNew York Supreme Court · 1823

3Cited by18 opinions

  1. London Guarantee & Accident Co. v. WoelfleCourt of Appeals for the Eighth Circuit · 1936
  2. Freeman v. BerberichSupreme Court of Missouri · 1933
  3. Grodsky v. Consolidated Bag Co.Supreme Court of Missouri · 1930
  4. Liebow v. Jones Store CompanySupreme Court of Missouri · 1957
  5. Erskine v. LoewensteinSupreme Court of Missouri · 1884

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