Strauss v. Boden
Missouri Court of Appeals
Appeal from the Jackson Circuit Court. — Hon. J. W. Henry, Judge. As we have undertaken to show, the court had no right upon demurrer to weigh the evidence, but we ■submit that the judgment as rendered was against the weight of the evidence. It must be admitted that the testimony of the plaintiff and of witness Kohler, standing undisputed and unexplained, tends strongly to ■show fraud on the part of the defendant throughout his dealings with plaintiff.
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Appeal from the Jackson Circuit Court. — Hon. J. W. Henry, Judge. As we have undertaken to show, the court had no right upon demurrer to weigh the evidence, but we ■submit that the judgment as rendered was against the weight of the evidence. It must be admitted that the testimony of the plaintiff and of witness Kohler, standing undisputed and unexplained, tends strongly to ■show fraud on the part of the defendant throughout his dealings with plaintiff. There is nothing to show the contrary., The appeal of plaintiff was prematurely taken, that Is to say, before the trial of the cause on the…
1Opinion of the CourtEllison, J.
This is a suit in attachment. A plea in abatement was filed and determined in defendant’s favor, on a demurrer to plaintiff’s evidence. Plaintiff thereupon appealed to this court, the case on its merits being undetermined. The appeal will be dismissed under the authority of Hauser v. Andersch, 56 Mo. App. 485, and Milling Co. v. Ramey, 57 Mo. App. 33.
All concur.
2Cases cited2 opinions
- Hauser v. AnderschMissouri Court of Appeals · 1894
- Springfield Milling Co. v. RameyMissouri Court of Appeals · 1894