Nelson v. Boland
Supreme Court of Missouri
Appeal from St. Louis Law Commissioner’s Court. The judgment of the Law Commissioner’s Court is ashed! to-be set aside as being entirely without evidence to support it. That this court will set aside a judgment that has been rendered without evidence to support it, has been decided by this court in the cases of Morris v. Burnes’ adm’rs, 35 Mo. 412, and Heyneman v. Garneau, 33 Mo. 565.
1Opinion of the CourtLovelace, Judge
This was an action to recover back money claimed to have been twice paid upon an account. The plaintiff introduced in evidence a paper purporting to be an account current of items purchased by the plaintiff of the defendant. In the year 1855 this account was footed up, and a balance of one hundred and ten dollars appeared against Nelson. The account then seemed to be receipted in full, when another account between the same parties was added on to the same piece of paper, and under the first receipt, running on to 1859, when the account was again footed up, and the balance of one hundred and…
2Cited by2 opinions
- Ampleman v. Citizens' InsuranceMissouri Court of Appeals · 1889
- Warren v. CurrySupreme Court of Missouri · 1944