Mowry v. Norman
Supreme Court of Missouri
Appeal from Nodaway Circuit Court. — Hon. F. A. Cummins, Special Judge. (1) Testimony concerning the financial condition of plaintiffs and their husbands was incompetent. Such evidence had no tendency to prove any issue presented by the pleadings. Its only effect, and, we believe, the only purpose in offering it, was to create in the mind of the jury a sympathetic feeling'for plaintiffs, and thus cause the jury to say, as they did, this farm ought to be divided.
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Appeal from Nodaway Circuit Court. — Hon. F. A. Cummins, Special Judge. (1) Testimony concerning the financial condition of plaintiffs and their husbands was incompetent. Such evidence had no tendency to prove any issue presented by the pleadings. Its only effect, and, we believe, the only purpose in offering it, was to create in the mind of the jury a sympathetic feeling'for plaintiffs, and thus cause the jury to say, as they did, this farm ought to be divided. (2) The evidence of Mrs. Kettering and Mrs. Mowry, plaintiffs, as to how they worked on the farm and in the field for their father,…
1Opinion of the CourtGraves, J.
This case is here for the second time. It stands admitted that the facts are practically the same as before. In fact the greater portion of the evidence was read from the previous record, and that offered in addition does not substantially change the case or the questions involved therein. Upon this point, the present appellant says:
“The evidence at the last trial was, as per stipulation duly filed, mostly read to the jury from the bill of exceptions filed in the first appeal, there being but few witnesses introduced in person, and this very commendable method of procedure,…
2Cases cited10 opinions
- Jackson v. HardinSupreme Court of Missouri · 1884
- Thompson v. IshSupreme Court of Missouri · 1889
- Mowry v. NormanSupreme Court of Missouri · 1907
- Benoist v. MurrinSupreme Court of Missouri · 1874
- Winn v. GrierSupreme Court of Missouri · 1909
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3Cited by20 opinions
- Hayward v. YostIdaho Supreme Court · 1952
- Switzer v. SwitzerSupreme Court of Missouri · 1964
- Norris v. BristowSupreme Court of Missouri · 1951
- Pasternak v. MashakMissouri Court of Appeals · 1965
- Patton v. SheltonSupreme Court of Missouri · 1931
15 more not listed; retrieve them via the Exa API.