McClanahan v. Payne
Missouri Court of Appeals
Appeal from tbe Livingston Circuit Court. — Hon. E. J. Broaddus, Judge. (1) Tbe court erred in overruling plaintiff’s objections to tbe introduction of any evidence in support of defendant’s special pleas. None of said alleged defenses constitutes any defense at law or in equity.
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Appeal from tbe Livingston Circuit Court. — Hon. E. J. Broaddus, Judge. (1) Tbe court erred in overruling plaintiff’s objections to tbe introduction of any evidence in support of defendant’s special pleas. None of said alleged defenses constitutes any defense at law or in equity. Sbaffner & Yeitb v. Jeffries, 18 Mo. 512; Swain v. Hill, 30 Mo, App. 436; Moss v. Green, 41 Mo. 389; Bucliel v. Lott, 15 S. W. Rep. 413; 2 Perry, 878; Edwards v. Welton, 25 Mo. 379. (2) The railroad company had failed to establish and maintain division headquarters at Milan, and had jfailed to erect building, etc.…
1ConcurrenceEllison, J.
(concurring): — There were several pleas of defense set up by defendants. Among them was thr.t of failure on the part of the railway company to establish and maintain a division and division headquarters at Milan. While the trial court did mot make special findings yet evidently its action on the declarations of law shows that it found the fact to be that the subscription contract in this respect had not been complied with by the company. An examination of the record shows that there was evidence in the cause sufficient upon which to base such finding. It is true that two witnesses for…
2Cases cited6 opinions
- Brimhall v. Van CampenSupreme Court of Minnesota · 1862
- Davis & Rankin v. HendrixMissouri Court of Appeals · 1894
- Fort Wayne Electric Light Co. v. MillerIndiana Supreme Court · 1892
- Sickels v. AndersonMichigan Supreme Court · 1886
- State v. LoganMissouri Court of Appeals · 1900
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