Legal Opinion

Willi v. Lucas

Supreme Court of Missouri

Decided May 31, 1892PublishedCited by 9 opinions

Appeal from Montgomery Circuit Court. — Hon. E. M. ■ Hughes, Judge. (1) The court erred in sustaining a demurrer to plaintiff’s evidence, and in directing the jury to return a verdict for defendant. Canifax v. Chapman, 7 Mo. 175; Page v. Freeman, 19 Mo. 421; Allred p. Bray, 41 Mo. 484; Murphy v. Wilson, 44 Mo. 313; Howell v. Taylor, 2 Mo. App. 329; Holliday v. Jackson, 21 Mo. App. 660, 666, 667. (2) The court erred in taking the questions of fact from the jury.

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Appeal from Montgomery Circuit Court. — Hon. E. M. ■ Hughes, Judge. (1) The court erred in sustaining a demurrer to plaintiff’s evidence, and in directing the jury to return a verdict for defendant. Canifax v. Chapman, 7 Mo. 175; Page v. Freeman, 19 Mo. 421; Allred p. Bray, 41 Mo. 484; Murphy v. Wilson, 44 Mo. 313; Howell v. Taylor, 2 Mo. App. 329; Holliday v. Jackson, 21 Mo. App. 660, 666, 667. (2) The court erred in taking the questions of fact from the jury. R. S. 1889, sec. ,2164. (3) The court erred in refusing to set aside the nonsuit, in refusing to grant a new trial, and in overruling…

1Opinion of the CourtThomas, J.

This is an action for injuries to the plaintiff’s person by reason of an assault upon her, her damages being laid at $10,000. The petition avers that the defendant together with one Isaac Willi, not made a party, shot her in August, 1888, with a pistol by which she was seriously wounded and injured. The answer was a general denial.

The evidence on the part of the plaintiff, preserved in the bill of exceptions, tends to show, that on the twenty-ninth day of August, 1888, plaintiff left Montgomery City, in a single buggy, in company with her brother, sixteen or seventeen years old, and her…

2Cases cited7 opinions

  1. State v. OrrickSupreme Court of Missouri · 1891
  2. Cooper v. JohnsonSupreme Court of Missouri · 1884
  3. Murphy v. WilsonSupreme Court of Missouri · 1869
  4. Page v. FreemanSupreme Court of Missouri · 1854
  5. Allred v. BraySupreme Court of Missouri · 1867

2 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. State v. OrlandiSupreme Court of Vermont · 1934
  2. Curlee v. DonaldsonMissouri Court of Appeals · 1950
  3. Sperry v. HurdSupreme Court of Missouri · 1916
  4. Carpenter v. Reliance Realty Co.Missouri Court of Appeals · 1903
  5. Brown v. BarrMissouri Court of Appeals · 1914

4 more not listed; retrieve them via the Exa API.

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