Winn v. Hillyer
Missouri Court of Appeals
Appeal from the Macon Circuit Court. — Hon. Andrew Ellison, Judge. Statement by tbe court. This action is based on an account, and was begun before a justice of tbe peace. It was appealed to the circuit court, where plaintiff had judgment, and defendant appeals.
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Appeal from the Macon Circuit Court. — Hon. Andrew Ellison, Judge. Statement by tbe court. This action is based on an account, and was begun before a justice of tbe peace. It was appealed to the circuit court, where plaintiff had judgment, and defendant appeals. The statement is as follows: For amended statement plaintiff states that defendant and one T. W. Sterritt were, on the first day-of June, 1888, and are, partners doing business in the firm-name of Hillyer & Sterritt, and as such were, at said date and during said month of June, engaged in sinking a coal shaft near Macon, in said…
1Opinion of the CourtEllison, J.
All the instructions offered by defendant were refused. It will be observed that the statement of plaintiff’s cause of action is not well drawn; that it *143is somewhat ambiguous ; especially when considered in connection with his instructions which appear to have covered the whole case. If this action had originated in the circuit court, and the statement had stood there for the petition, we should have been inclined to adopt defendant’s theory here urged, viz., that the evidence and instruction were a deviation from ,the allegations. But in view of the liberal dealings with such matters, when…
2Cases cited3 opinions
- Calkins v. ChandlerMichigan Supreme Court · 1877
- Clifford v. LuhringIllinois Supreme Court · 1873
- Walther v. MerrellMissouri Court of Appeals · 1878
3Cited by9 opinions
- Lindley v. KellySupreme Court of Oklahoma · 1914
- Hedden v. SchneblinMissouri Court of Appeals · 1907
- Hill Bros. v. Bank of SenecaMissouri Court of Appeals · 1903
- Rossen v. RiceMissouri Court of Appeals · 1935
- Grant v. KinneyOhio Supreme Court · 1927
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