Hawkins v. Welch
Supreme Court of Missouri
APPEAL from Crawford Circuit Court. 1. The instructions given are not according to law, nor did the evidence given in the cause authorize the giving of the instruction. 2. The instructions asked by the defendant ought to have been given. 3. The court erred in modifying the defendant’s instructions, and then refusing them. 4. The finding; by the jury, was against evidence. 5. The finding was for more than the value of the property. 6. A party cannot, by making a voluntary…
Read the full summary
APPEAL from Crawford Circuit Court. 1. The instructions given are not according to law, nor did the evidence given in the cause authorize the giving of the instruction. 2. The instructions asked by the defendant ought to have been given. 3. The court erred in modifying the defendant’s instructions, and then refusing them. 4. The finding; by the jury, was against evidence. 5. The finding was for more than the value of the property. 6. A party cannot, by making a voluntary payment of an illegal demand, after-wards turn round and sue for it, without showing a different state of facts than is…
1Opinion of the CourtTompkins, J.
Ivy Welch sued A. H. Hawkins before a justice of the peace, and there obtained judgment against Hawkins; Hawkins appealed to the Circuit Court of that county, and that court also gave judgment against him, to reverse which this appeal is prosecuted.
The bill of exceptions shows that the defendant, Hawkins, moved the court to dismiss the cause from its docket, because the service of the justice’s summons was not legal.
Hawkins, after judgment against him, by default before the justices, moved to set aside that judgment, and his motion being overruled, he appealed to the Circuit Court. In that…
2Cases cited1 opinion
- Wheaton v. HibbardNew York Supreme Court · 1822
3Cited by5 opinions
- Ransom v. HaysSupreme Court of Missouri · 1867
- Haseltine v. Central National BankSupreme Court of Missouri · 1900
- Carey v. Discount Corp.Hawaii Supreme Court · 1942
- Lawler v. VetteMissouri Court of Appeals · 1912
- Livingston v. BurtonMissouri Court of Appeals · 1891