Walsh v. Agnew
Supreme Court of Missouri
APPEAL FROM ST. LOUIS COURT OF COMMON PLEAS. STATEMENT GE THE CASE. This was an action of assumpsit brought by Sproule and Agnew agaiust the appellant Walsh.
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APPEAL FROM ST. LOUIS COURT OF COMMON PLEAS. STATEMENT GE THE CASE. This was an action of assumpsit brought by Sproule and Agnew agaiust the appellant Walsh. The declaration contained two special counts, and the common money counts: The first count stated that on the 28th July 1840, Sproule and Agnew sued McNulty, Shaw and Mitchell, in the St. Louis cirenit court by attachment, to recover the amount of $3108 87. That the sheriff levied the attachment on 700 pigs of lead, as the property of tho defendants in that suit, and that afterwards Crawford and Carson, of Baltimore, intorpleadod in the…
1Opinion of the Court
Judge Ryland
delivered the opinion of the court.
The errors assigned in this case are as follows :
u 1st. The court of common pleas admitted illegal and incompetent evidence to be given to the jury by said appellees, notwithstanding the same was duly objected to by said appellant.
2d. The said court refused to give to the jury instructions prayed by the appellant, when by the law of the land said instructions ought to have been given by said court to the jury.
3d. The said court gave to said jury instructions which were illegal, and ought by the law of the land to have been refused.
4th. The said…
2Cases cited1 opinion
- Cabeen v. DouglassSupreme Court of Missouri · 1823
3Cited by4 opinions
- Patton v. St. Louis & San Francisco Railway Co.Supreme Court of Missouri · 1885
- State ex rel. Lafayette County v. O'GormanSupreme Court of Missouri · 1882
- Smith v. HutchingsSupreme Court of Missouri · 1860
- Reber v. TowerMissouri Court of Appeals · 1881