Legal Opinion

Jacoby v. O'Hearn

Missouri Court of Appeals

Decided December 10, 1888PublishedCited by 1 opinion

Appeal from, Saline Circuit Court. — Hon. Richard Field, Judge. The case is stated in the opinion. (1) The court erred in giving plaintiff’s instruction number one. (a) Because there was no evidence to sustain it. (5) Because it entirely ignored the evidence of Henry Jacoby, plaintiff’s witness, which was to the effect that plaintiff could only get her pay for board upon orders signed by Igo.

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Appeal from, Saline Circuit Court. — Hon. Richard Field, Judge. The case is stated in the opinion. (1) The court erred in giving plaintiff’s instruction number one. (a) Because there was no evidence to sustain it. (5) Because it entirely ignored the evidence of Henry Jacoby, plaintiff’s witness, which was to the effect that plaintiff could only get her pay for board upon orders signed by Igo. (2) The court erred in refusing defendant’s first instruction, because there was no evidence in the case to sustain plaintiff’s claim, or tending to prove said claim. (1) In this case there was a…

1Opinion of the CourtRamsay, J.

— This suit was begun in one of the justice’s courts of Saline county upon a statement of the cause of action, as follows : “ The plaintiff states that in the month of November, 1887, she was keeping a boarding-house, and that the following named persons boarded with her and the amount of their board-bills with her in said month were sums set opposite their respective names, to-wit: Charles Williams, $3.50; F. Murphy, $4.35; J. Beck, $9.25 ; J. W. Huff, $3.35; M. W. Blue, $6.00; F. Harrison, $9.65; H. Demmick, $11.80. That each of said persons agreed with plaintiff at the time he began…

2Cited by1 opinion

  1. Mansur v. MurphyMissouri Court of Appeals · 1892

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