Stein v. Burnett
Missouri Court of Appeals
Error to the Cass Circuit Court. — Hon. Charles W. Sloan, Judge. (1) The court erred in peremptorily instructing the jury that, under the pleadings and all the evidence in the case, the plaintiff was not entitled to a verdict. First. The demurrer to the evidence not only'admitted that all-the facts testified to were true, but also every reasonable inference that a jury might make from the facts proven against the demurrant.
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Error to the Cass Circuit Court. — Hon. Charles W. Sloan, Judge. (1) The court erred in peremptorily instructing the jury that, under the pleadings and all the evidence in the case, the plaintiff was not entitled to a verdict. First. The demurrer to the evidence not only'admitted that all-the facts testified to were true, but also every reasonable inference that a jury might make from the facts proven against the demurrant. Wilson v. Board of Ed., 63 Mo. 137; Brink v. Railroad, 17 Mó. App. 177; Fisher v. Railroad, 23 Mo. App. 201 ; Noeninger v. Vogt, 88 Mo. 589. Second. The court could not…
1Opinion of the CourtGill, J.
This is an action of replevin, brought by plaintiff Stein against defendant Burnett, for the recovery of some horses and cattle claimed by the plaintiff, but which defendant, as constable in Johnson county, had levied upon as the property of one Elam Spillman, defendant in an attachment suit of Eads & Co. ®. Spillman. Spillman was a farmer and stock-dealer, residing on land owned by him seven miles northwest of Warrensbiirg, while plaintiff Stein, his brother-in-law, resided in the same neighborhood and occasionally worked on Spillman’s place. Spillman had become largely in debt to various…
2Cases cited2 opinions
- Arnholt v. HartwigSupreme Court of Missouri · 1881
- State ex rel. Fowler v. ChaneyCourt of Appeals of Kansas · 1889
3Cited by3 opinions
- Noell v. CommissionerUnited States Tax Court · 1955
- Linck v. TrollMissouri Court of Appeals · 1899
- Wetmore v. WoodsMissouri Court of Appeals · 1895