Funk v. Dillon
Supreme Court of Missouri
Appeal from Buchanan Court of Common Pleas. Action by Funk for the value of a female slave alleged to have been converted by Dillon. The plaintiff claimed the slave as the property of his wife, the daughter of William P. Flint. The defendant had hired the slave of Flint.
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Appeal from Buchanan Court of Common Pleas. Action by Funk for the value of a female slave alleged to have been converted by Dillon. The plaintiff claimed the slave as the property of his wife, the daughter of William P. Flint. The defendant had hired the slave of Flint. At the trial, the plaintiff proved that Flint and wife were in possession of the slave from the time oE their removal to Missouri, until the plaintiff married their daughter; and that while so in possession, Flint frequently declared that the slave belonged to his daughter, and had been willed to her by her maternal…
1Opinion of the CourtRyland, Judge
The errors relied on for reversing the judgment of the court below, by the appellant’s counsel, principally embrace the rulings of that court, in admitting and rejecting the testimony of witnesses, and in giving instructions, and in refusing instructions. Many and various rulings have been pointed out here, and alleged to be erroneous, which it is not thought necessary to notice particularly.
1. The court erred in rejecting the testimony of Mrs. Sarah E. Flint. She was a proper and competent witness, and the defendant had the undoubted right to have had her testimony before the jury. Her…
2Cases cited1 opinion
- Scroggin v. HollandSupreme Court of Missouri · 1852
3Cited by3 opinions
- Eichelmann v. WeissMissouri Court of Appeals · 1879
- Maycroft v. Jennings FarmsMichigan Supreme Court · 1920
- State ex rel. Burton v. McKeonMissouri Court of Appeals · 1887