Wallich v. Morgan
Missouri Court of Appeals
Appeal from the Jaclcson Circuit Court. — Hon. R. H. Field, Judge. (1) (a) The court erred in refusing to permit defendant, on cross-examination of the plaintiff, George E. Wallich, to examine said Wallich as to whether he had not sued once himself for the same one hundred dollars in controversy in this suit. The evidence was competent to identify the parties to that suit, which was a matter in issue. It was also competent as a cross-examination of said Wallich.
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Appeal from the Jaclcson Circuit Court. — Hon. R. H. Field, Judge. (1) (a) The court erred in refusing to permit defendant, on cross-examination of the plaintiff, George E. Wallich, to examine said Wallich as to whether he had not sued once himself for the same one hundred dollars in controversy in this suit. The evidence was competent to identify the parties to that suit, which was a matter in issue. It was also competent as a cross-examination of said Wallich. (5) The court also erred in refusing to permit the plaintiff and witness, George E. Wallich, on cross-examination, to testify in…
1Opinion of the CourtSmith, P. J.
This suit, which originated before a justice of the peace, was brought to recover the sum of one hundred dollars, which had been paid by plaintiffs to defendant to make binding a certain verbal contract for the sale and purchase of a hotel lease and furniture. The plaintiffs had j udgment in the court below to reverse which this appeal is prosecuted.
I. No error is perceived in the action of the circuit court in refusing to permit the defendant to inquire of the plaintiff, George E. Wallich, whether or not he had previously brought suit in his own name for said one hundred dollars, because the…
2Cases cited3 opinions
- Gaty v. SackMissouri Court of Appeals · 1885
- Gabriel v. MullenMissouri Court of Appeals · 1888
- Chicago, Santa Fe & California Railway Co. v. VivianMissouri Court of Appeals · 1889