Friesz v. Fallon
Missouri Court of Appeals
Appeal from the St. Louis Circuit Court, Shepard Barclay, Judge. The verdict is unsupported by the evidence, and should not be allowed to stand. The State v. Musióle, 71 Mo. 401; The State v. Zorn, 71 Mo. 415; Stumpf v. Mueller, 17 Mo. App. 283. The verdict is the result of passion or prejudice, or the instructions given by the court were wholly disregarded. Price v. Evans, 49 Mo. 396 ; Lionberger v. Pohlman, 16 Mo. App. 393, 398 ; Borgraefe v. Supreme Lodge, 22 Mo.
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Appeal from the St. Louis Circuit Court, Shepard Barclay, Judge. The verdict is unsupported by the evidence, and should not be allowed to stand. The State v. Musióle, 71 Mo. 401; The State v. Zorn, 71 Mo. 415; Stumpf v. Mueller, 17 Mo. App. 283. The verdict is the result of passion or prejudice, or the instructions given by the court were wholly disregarded. Price v. Evans, 49 Mo. 396 ; Lionberger v. Pohlman, 16 Mo. App. 393, 398 ; Borgraefe v. Supreme Lodge, 22 Mo. App. 127. Where there is evidence legally sufficient to justify the court in allowing the case to go to the jury, a verdict for…
1Opinion of the CourtThompson, J.
This action was brought before a justice of the peace, on a bill of items, the first consisting of one hundred and seventy dollars, alleged to be “due as per statement,” and the balance consisting of several subsequent items for work and labor done, and allowing a credit of thirty dollars, paid at various times. A jury ■trial in the circuit court resulted in a verdict and judgment for the plaintiff for the amount claimed. The subsequent defence was, that the work was not done for the defendant, but for Mrs. C. M. Fallon, who was the owner of the shop in which the work was done, for whom the…
2Cases cited4 opinions
- Spohn v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1885
- Baker v. StonebrakerSupreme Court of Missouri · 1865
- Price v. EvansSupreme Court of Missouri · 1872
- Flesh v. ChristopherMissouri Court of Appeals · 1882
3Cited by14 opinions
- Spiro v. St. Louis Transit Co.Missouri Court of Appeals · 1903
- Unterberger v. ScharffMissouri Court of Appeals · 1892
- Empey v. Grand Avenue Cable Co.Missouri Court of Appeals · 1891
- St. Louis Gas Light Co. v. American Fire InsuranceMissouri Court of Appeals · 1889
- Powell v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1894
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