Legal Opinion

Stewart v. Sparkman

Missouri Court of Appeals

Decided February 23, 1897PublishedCited by 4 opinions

Appeal from the Greene Circuit Court. — Hon. J. T.' Neville, Judge. The court erred in giving a peremptory instruction for plaintiff. Cooh v. JR,, B., 63 Mo. 397-402; Wolff v. Campbell, 110 Id. 114-120. Every fact which might be reasonably inferred from the testimony in defendant’s favor is presumed to be true. Patton v. Bragg, 113 Mo. 595-600; Field v.JR.B., 46 Mo.

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Appeal from the Greene Circuit Court. — Hon. J. T.' Neville, Judge. The court erred in giving a peremptory instruction for plaintiff. Cooh v. JR,, B., 63 Mo. 397-402; Wolff v. Campbell, 110 Id. 114-120. Every fact which might be reasonably inferred from the testimony in defendant’s favor is presumed to be true. Patton v. Bragg, 113 Mo. 595-600; Field v.JR.B., 46 Mo. App. 449; Helboth v. Gaal, 47 Id. 255. The bill of exceptions fails to set out the order giving the time for filing the bill, and can not be considered. Hohstadt v. Baggs, 49 Mo. App. 157; Mason v. Pennington, 53 Id. 118; Wesby v.…

1Opinion of the CourtBland, P. J.

Action on promissory note for $496.69, dated March 27, 1895, due six months after date, payable to plaintiff, and executed by defendant. The answer is as follows:

“Comes now the defendant and for answer to the petition of the plaintiff admits that he executed the note sued on herein, but denies each and every allegation in said petition contained, except the allegation hereinbefore specifically admitted.
“Further answering this, defendant says that at or about the time of the execution of the note sued on herein, the plaintiff was owner of twelve shares of stock in the Stone County Bank, a…

2Cases cited2 opinions

  1. Wolff v. CampbellSupreme Court of Missouri · 1892
  2. Cook v. Hannibal & St. Joe. R. R.Supreme Court of Missouri · 1876

3Cited by4 opinions

  1. Ricketts v. HartSupreme Court of Missouri · 1899
  2. State ex rel. Chicago, Rock Island & Pacific Railway Co. v. SmithSupreme Court of Missouri · 1903
  3. Ricketts v. HartMissouri Court of Appeals · 1898
  4. Stewart v. SparkmanMissouri Court of Appeals · 1898

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