Howard v. Newsom
Supreme Court of Missouri
APPEAL from the circuit court of Polk county. To-reverse the judgment of the circuit court, the appellant will insist on the following points: 1. The circuit court erred in giving the instructions asked by the defendants below: 2. The court ought to have given the instruction asked by the plaintiff below. 3. The court ought to have sustained the motion for a new trial.- ^ 4. That, under the joint plea of not guilty, the evidence was no justification. (See 1 Chit.
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APPEAL from the circuit court of Polk county. To-reverse the judgment of the circuit court, the appellant will insist on the following points: 1. The circuit court erred in giving the instructions asked by the defendants below: 2. The court ought to have given the instruction asked by the plaintiff below. 3. The court ought to have sustained the motion for a new trial.- ^ 4. That, under the joint plea of not guilty, the evidence was no justification. (See 1 Chit. Plead. 598; 1 Saun. Rep. 28, in notes; 3 Term Rep. 376; 2 Caine’s Rep. 108.) The third point of error is, that the court gave the…
1Opinion of the CourtTompkins, Judge
Howard brought his action of trespass in the circuit court against Newsom and Woodson, and judgment being there given against him, he appealed to this court.
On the trial of the cause in the circuit court, the plaintiff proved by a witness that Woodson had said he had sold a crib of corn belonging to the plaintiff, Howard, containing about one hundred barrels of corn. Corn at that time was worth one dollar and twenty-five cents per barrel. Upon the cross-examination of the. witness by the defendant, he stated that Woodson, the defendant, stated that he had sold the said corn under execution.…
2Cited by2 opinions
- State v. EverhartSupreme Court of Missouri · 1926
- Burghart v. BrownSupreme Court of Missouri · 1873