Belk v. Stewart
Missouri Court of Appeals
Appeal from Christian Circuit Court. — Ho». John T. Moore, Judge. (1) The court committed the reversible error in permitting Eura Davis and Edwin Belk to testify to what Jesse Lewis told them the day after the fire as it was hearsay and could not bind the defendant, Stewart, as defendant was absent when said conversation was had. Cobel v. McDaniel,, 33 Mo. 363; Grougue v. Burgess, 71 Mo. 389’; Dunn v. Altman, 50 .Mo.
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Appeal from Christian Circuit Court. — Ho». John T. Moore, Judge. (1) The court committed the reversible error in permitting Eura Davis and Edwin Belk to testify to what Jesse Lewis told them the day after the fire as it was hearsay and could not bind the defendant, Stewart, as defendant was absent when said conversation was had. Cobel v. McDaniel,, 33 Mo. 363; Grougue v. Burgess, 71 Mo. 389’; Dunn v. Altman, 50 .Mo. App. 231; State v. Nelson, 166 Mo. 191; Rice v. St. Louis, 165 Mo. 636; Krueger v. Railroad, 84 Mo. App. 358 ; Vermillion v. LeClare, 89 Mo. App. 55. (2). The court erred in…
1Opinion of the Court
COX, J. —
Action for double damages under Sec. 5433, Stat. 1909, for willfully setting fire to woods by which property belonging to plaintiff was destroyed. Trial, by. jury, verdict for plaintiff for $50 which was doubled by the court and judgment entered for $100 and defendant has appealed.
Error is assigned in the admission of testimony, in giving and refusing instructions, and misconduct of the trial judge in making certain statements to the jury.
It is first contended that a demurrer to the testimony should have been sustained for the reason that it is not shown that fire started by…
2Cases cited4 opinions
- Catron v. NicholsSupreme Court of Missouri · 1883
- Finley ex rel. Boone County v. LangstonSupreme Court of Missouri · 1848
- Kahle v. HobeinMissouri Court of Appeals · 1888
- Russell v. ReaganMissouri Court of Appeals · 1889
3Cited by5 opinions
- Bridgeforth v. ProffittMissouri Court of Appeals · 1973
- Haverstick v. Southern Pacific Co.California Court of Appeal · 1934
- Miller v. SabinskeMissouri Court of Appeals · 1959
- Mochar Sales Company v. MeyerSupreme Court of Missouri · 1963
- Morris v. MattinglyMissouri Court of Appeals · 1920