State ex rel. Shipman v. Allen
Missouri Court of Appeals
Appeal from Stone Circuit Court. — Hon. John T. Moore, Judge. (1) On tbe question of tbe arresting of tbe running of tbe Statute of Limitations, tbe ultimate or constitutive facts are not disputed, and tbe proper verdict is merely the conclusion of the law upon the facts, and it was the duty of the court to peremptorily instruct the jury to find for the defendants on their counterclaim. Rhodes v. Farish, 16 Mo. App. 430; Bank v. Hainline, 67 Mo. App. 483; Clemens y.
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Appeal from Stone Circuit Court. — Hon. John T. Moore, Judge. (1) On tbe question of tbe arresting of tbe running of tbe Statute of Limitations, tbe ultimate or constitutive facts are not disputed, and tbe proper verdict is merely the conclusion of the law upon the facts, and it was the duty of the court to peremptorily instruct the jury to find for the defendants on their counterclaim. Rhodes v. Farish, 16 Mo. App. 430; Bank v. Hainline, 67 Mo. App. 483; Clemens y. Knox, 31 Mo. App. 185; Brewery v. Schoenlaw, 32 Mo. App. 357; Brewery Co. v. Lindsay, 72 Mo. App. 591; Hoster v. Lange, 80 Mo.…
1Opinion of the CourtNixon, P. J.
I. In their motion for new trial, appellants set up sixteen assignments of errors committed. The first is that the trial court committed error in admitting in evidence the testimony of witnesses Brumback, Gibbs, McPherson and Thornberry. These witnesses were all attorneys whose testimony was introduced for the purpose of showing the value of the professional services of the relator’s attorneys in the attachment suit to which the plea in abatement was sustained. For the purpose of this case it will not be necessary to take up separately the testimony of these expert witnesses in order to…
2Cases cited5 opinions
- Galbreath v. NewtonMissouri Court of Appeals · 1891
- Barbee & Co. v. CrawfordMissouri Court of Appeals · 1908
- Cherry v. Kansas City, Fort Scott & Memphis Railway Co.Missouri Court of Appeals · 1895
- Kelly v. BeauchampSupreme Court of Missouri · 1875
- Geiwitz v. LandisMissouri Court of Appeals · 1907
3Cited by5 opinions
- Berger v. HuserSupreme Court of Missouri · 1973
- A. C. Israel Commodity Co. v. Banco Do Brasil, S. A.New York Supreme Court · 1966
- Edwards Ex Rel. Edwards v. LacySupreme Court of Missouri · 1967
- State ex rel. Pinkley v. YountMissouri Court of Appeals · 1914
- Northcutt v. Springfield Crushed Stone Co.Missouri Court of Appeals · 1914