Village of Salem v. Coffey
Missouri Court of Appeals
Appeal from Daviess Circuit Court. — No». J. W. Alexander, Judge. (1) A witness cannot be permitted to give his opinion or conclusion in answer to an inquiry embracing the whole merits of the case. Connor v. Stanley, 67 Cal. 815, 7 Pac. 723; Pelamourges v. Clark, 9 Iowa 1; Railroad v. Edmunds, 41 Ala. 667; Iron Co. v. Spradley, 51 Ala. 171; Lundawer v. Ins. Co., 31 Ark. 461; Hamilton v. Mine Co., 108 Mo. 364; Madden v. Railroad, 50 Mo.
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Appeal from Daviess Circuit Court. — No». J. W. Alexander, Judge. (1) A witness cannot be permitted to give his opinion or conclusion in answer to an inquiry embracing the whole merits of the case. Connor v. Stanley, 67 Cal. 815, 7 Pac. 723; Pelamourges v. Clark, 9 Iowa 1; Railroad v. Edmunds, 41 Ala. 667; Iron Co. v. Spradley, 51 Ala. 171; Lundawer v. Ins. Co., 31 Ark. 461; Hamilton v. Mine Co., 108 Mo. 364; Madden v. Railroad, 50 Mo. App. 666; Mellor v. Attica, 48 Wis. 457, 4 N. W. 655; State v. Miller, 44 Mo>. App. 159; Garrett v. State, 6 Mo. 1; King v. Railroad, 98 Mo. 235; Winters v.…
1Opinion of the CourtBroaedtjs, P. J.
— The defendant was convicted under an ordinance of the village of Salem for disturbing the peace of one, M. N. Silvey, the village marshal, “by loud and unusual noise and by loud and offensive and indecent conversation, and by cursing and swearing, quarreling and by challenging to fight and threatening to fight. And was there and then drunk and in a state of intoxication in the public streets of said village, contrary to said ordinance in such cases made and provided,” etc. He was convicted in the village court and appealed to the circuit court where the complaint was amended so as to set…
Also in this document: Concurrence.
2Cases cited3 opinions
- City of St. Charles v. MeyerSupreme Court of Missouri · 1874
- Walker v. DavisMissouri Court of Appeals · 1900
- Taylor v. City of JacksonMissouri Court of Appeals · 1900
3Cited by4 opinions
- Pavish v. MeyersWashington Supreme Court · 1924
- City of De Soto v. HunterMissouri Court of Appeals · 1909
- Evans v. StateIndiana Court of Appeals · 1982
- People ex rel. Conley v. FrankAppellate Division of the Supreme Court of the State of New York · 1935