Jackson v. Powell
Missouri Court of Appeals
Appeal from Callaway Circuit Court. — No». John A. PLockaday, Judge. ■ (1) The instruction is not only grossly erroneous, but is a false statement of the law. Smith v. Railroad, 19 Mo. App. 126. (2) The vice of the instruction consists in not employing the word “willfully” or “knowingly” so that the jury would have been required to find that tbe witness bad willfully sworn falsely. Smith v. Railroad, 19 Mo. App. 126; Blitt v. Heinrich, 33 Mo.
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Appeal from Callaway Circuit Court. — No». John A. PLockaday, Judge. ■ (1) The instruction is not only grossly erroneous, but is a false statement of the law. Smith v. Railroad, 19 Mo. App. 126. (2) The vice of the instruction consists in not employing the word “willfully” or “knowingly” so that the jury would have been required to find that tbe witness bad willfully sworn falsely. Smith v. Railroad, 19 Mo. App. 126; Blitt v. Heinrich, 33 Mo. App. 243; Evans v. Railroad, 16 Mo. App. 522, and authorities cited; Falk v. Hake, 16 Mo. App. 537; Bank v. Murdock, 62 Mo. 74; Wharton on Evidence (2…
1Opinion of the CourtJohnson, J.
— In this action plaintiff sought to recover at law on account of a number of items growing out of a partnership which previously existéd between him and defendant. A livery stable had been the busness venture of the firm. The petition alleged the sale by plaintiff to defendant of his interest in the partnership property, but stated that- the sale “only included the property, horses, buggies, wagons and other things used in the livery business, but did not include the accounts defendant was owing to the firm.” A number of items of such indebtedness was charged, including one relating to a…
2Cases cited12 opinions
- Garth v. CaldwellSupreme Court of Missouri · 1880
- Henry v. SneedSupreme Court of Missouri · 1889
- State v. ElkinsSupreme Court of Missouri · 1876
- Allen v. ChouteauSupreme Court of Missouri · 1890
- Buckner v. RiesSupreme Court of Missouri · 1864
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3Cited by7 opinions
- Jacobs v. DancigerSupreme Court of Missouri · 1931
- Poague v. MalloryMissouri Court of Appeals · 1921
- Ham v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1910
- McNealy v. BartlettMissouri Court of Appeals · 1907
- Day v. StaffordMissouri Court of Appeals · 1908
2 more not listed; retrieve them via the Exa API.