Carter v. O'Neill
Missouri Court of Appeals
Appeal from Jasper Circuit Court. — Hew. J. B. Perkins, Judge. (1) The nonsuit was properly taken and was involuntary. Shoe Co. v. Prickett, 84 Mo.
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Appeal from Jasper Circuit Court. — Hew. J. B. Perkins, Judge. (1) The nonsuit was properly taken and was involuntary. Shoe Co. v. Prickett, 84 Mo. App. 94 • Mc-Anaw v. Mathis, 129 Mo. 149-; State v. Smith, 65 Mo. 469; Harrison v. Bank, 9 Mo. 162. (2) The only object, as we take it, of having objections and exception* noted is, to show that the party complaining did not voluntarily submit to the action of the court in its adverse ruling; and the language of this bill of exceptions undoubtedly shows that appellant was not voluntarily submitting to the court’s action, because if he were, how…
1Opinion of the CourtBroaddus, J.
The plaintiff brought suit on seven different counts of his petition, five of which were for damages to his real property and two founded in equity. By agreement of parties the cause was tried on the first five counts. On the trial plaintiff introduced evidence for the purpose of sustaining the allegations of his petition in the first five counts aforesaid. At the close of the plaintiff’s case the defendant in writing asked the court to instruct the jury on each of said counts specifically to find a verdict for defendant. The bill of exceptions then recites as follows: “Thereupon, the court…
2Cases cited2 opinions
- McClure v. CampbellSupreme Court of Missouri · 1899
- Kelly-Goodfellow Shoe Co. v. Vail Bros.Missouri Court of Appeals · 1900
3Cited by13 opinions
- Lewis v. Center Creek Mining Co.Supreme Court of Missouri · 1906
- Diamond Rubber Co. v. WernickeMissouri Court of Appeals · 1912
- Gray v. WardSupreme Court of Missouri · 1911
- Segall v. GarlichsSupreme Court of Missouri · 1926
- Arnold v. Aetna Life InsuranceMissouri Court of Appeals · 1912
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