Bircher v. Boemler
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. Moses N. Sale, Judge. For the purpose of determining whether a case should have been submitted to the jury, the testimony on the part of the plaintiff should be taken as true, and every reasonable inference therefrom in plaintiff’s favor should be made. Dorsey v. Railroad, 83 Mo. App. 528; Staube v. Christopher & S. A. I. & P. Co., 85 Mo.
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Appeal from St. Louis City Circuit Court. — Hon. Moses N. Sale, Judge. For the purpose of determining whether a case should have been submitted to the jury, the testimony on the part of the plaintiff should be taken as true, and every reasonable inference therefrom in plaintiff’s favor should be made. Dorsey v. Railroad, 83 Mo. App. 528; Staube v. Christopher & S. A. I. & P. Co., 85 Mo. App. 640': Pauck v. St. Louis Dressed Beef Co., 159 Mo. 467. (1) There is a fatal variance, between the allegations and the proof, amounting to entire failure of proof, as appellant’s claim against her father…
1Opinion of the CourtBurgess, J.
This is an action by plaintiff, one of the children of Jacob Scheer, deceased, against his estate, on an account amounting to fifty-nine hundred and eighty-two dollars, one item of which is for .board, lodging, washing and ironing from October 26, 1895, to September 5, 1899, at fifty dollars per month, amounting to twenty-three hundred and fifteen dollars; the second item is for board, lodging, washing and ironing, care, attention, keeping and nursing, from September 5, 1899, to October 2, 1901, at the rate of six dollars per day, amounting to forty-five hundred dollars; the two items charged…
2Cases cited17 opinions
- Aull Savings Bank v. Aull's AdministratorSupreme Court of Missouri · 1883
- Snyder v. FreeSupreme Court of Missouri · 1893
- Union Railroad & Transportation Co. v. TraubeSupreme Court of Missouri · 1875
- Hart v. HessSupreme Court of Missouri · 1867
- Donnell v. WrightSupreme Court of Missouri · 1899
12 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Grue v. HensleySupreme Court of Missouri · 1948
- Vosburg v. SmithMissouri Court of Appeals · 1954
- Kopp v. Traders Gate City National BankSupreme Court of Missouri · 1948
- Cole v. FitzgeraldMissouri Court of Appeals · 1908
- Kingston v. RobertsMissouri Court of Appeals · 1913
13 more not listed; retrieve them via the Exa API.