Ruth v. McPherson
Missouri Court of Appeals
Appeal from Scotland Circuit Court. — Eon. G. D. Stewart, Judge. (1) The plaintiff’s refused instruction No. 1, in the nature of a demurrer to all the evidence, should have been given. Christy v. Hughes, 24 Mo. App. 275; Stillson v. Railroad, 67 Mo. 671; Sanderson v. Holland, 39 Mo.
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Appeal from Scotland Circuit Court. — Eon. G. D. Stewart, Judge. (1) The plaintiff’s refused instruction No. 1, in the nature of a demurrer to all the evidence, should have been given. Christy v. Hughes, 24 Mo. App. 275; Stillson v. Railroad, 67 Mo. 671; Sanderson v. Holland, 39 Mo. App. 239'; Cooley on Torts, pp. 683, 684; Russell v. Columbia, 74 Mo. 494; Wilmott v. Howard, 89 Ver. 447; Santer v. Railroad, 66 N. T. 501; Railroad v. Buck, 96 Ind. 351; West v. Martin, 31 Mo. 375; Hyme v. Erwin, 55 Am. Rep. 15; Lawson v. Conoway (W. Va.), 38 Am. St. Rep. 17; Ries v. Transit Co., 179 Mo. 1. (2)…
1Opinion of the CourtReynolds, P. J.
(after stating the facts). — We are met at the outset by an attack upon' the affidavit. It is made by one of the attorneys for plaintiff, it being stated in the affidavit that the attorney named, being duly sworn, prays the court to grant the plaintiff an appeal to th¿ St. Louis Court of Appeals and that the appeal is not made for vexation or delay but because the affiant believes that the appellant (plaintiff) is aggrieved by the judgment of the court in the cause. This is subscribed and sworn to by the attorney. It is objected to this affidavit that it is not set out in the body of it that…
2Cases cited9 opinions
- Whitesell v. HillSupreme Court of Iowa · 1897
- Melcher v. ScruggsSupreme Court of Missouri · 1880
- Ritchie v. HaywardSupreme Court of Missouri · 1880
- Vanhooser v. BerghoffSupreme Court of Missouri · 1886
- Ring v. Charles Vogel Paint & Glass Co.Missouri Court of Appeals · 1891
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3Cited by13 opinions
- Skadal v. BrownSupreme Court of Missouri · 1961
- Childress v. Lake Erie & Western RailroadIndiana Supreme Court · 1914
- Gage v. MorseMissouri Court of Appeals · 1996
- Johnson v. Estate of GirvinMissouri Court of Appeals · 1963
- Seevers v. Cleveland Coal Co.Supreme Court of Iowa · 1914
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