Gantt v. Duffy
Missouri Court of Appeals
Appeal from the Audrain Circuit Court. — Hon. E. M. Hughes, Judge. Judge Bland concurring, Judge Bigg» dissenting. Issues are made by the pleadings, and not by declarations of counsel in the opening statement to the jury. R. S. 1889, secs. 2118, 2120, 2121. Opening statements of counsel as to facts he expects to prove on the trial have not the force of a binding admission.
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Appeal from the Audrain Circuit Court. — Hon. E. M. Hughes, Judge. Judge Bland concurring, Judge Bigg» dissenting. Issues are made by the pleadings, and not by declarations of counsel in the opening statement to the jury. R. S. 1889, secs. 2118, 2120, 2121. Opening statements of counsel as to facts he expects to prove on the trial have not the force of a binding admission. Russ v. R. R., 112 Mo. 45. Plaintiff’s case is based upon a contract, a note-given for the rent of a farm, and defendant’s claim arises “out of the contract or transaction or connected with the subject of the action.” R. S.…
1Opinion of the CourtBond, J.
*93PnoteI:ScmImteragefex°de1fc?o'. *92This action was begun by filing before a justice of the peace a note made by defendants *93payable to plaintiffs for $393, dated January-, 1895, payable on or before' January 1, 1896, credited with $203.02 on January 24,1896, and $40 on February 7, 1896. Upon a trial before the justice defendants had judgment for $75 and costs, though neither the transcript of the justice, nor the accompanying papers show that any offset or counterclaim was filed in that court. Upon plaintiff’s appeal to the circuit court they introduced the note in evidence and rested. Thereupon…
2Cases cited1 opinion
- Stephens v. Koken Barber Supply Co.Missouri Court of Appeals · 1896
3Cited by6 opinions
- McCormick Harvesting Machine Co. v. HillMissouri Court of Appeals · 1904
- Hunter v. HelsleyMissouri Court of Appeals · 1903
- McCormick Harvesting Machine Co. v. CrawfordMissouri Court of Appeals · 1903
- Bank of Houston v. KirkmanMissouri Court of Appeals · 1911
- Shepherd v. PadgittMissouri Court of Appeals · 1902
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