Vincent v. Means
Supreme Court of Missouri
Appeal from Putnam Circuit Court. — No». P. C. Stepp, Judge. (1) "Where a case is tried by the court sitting as a jury, and there is evidence given by both parties on the issues, it is error to give a peremptory instruction that upon the evidence the plaintiff is entitled to recover. DeG-raw v. Prior, 53 Mo. 313; Butler Co. v. Bant, 143 Mo. 23. In determining’ the. propriety of a peremptory instruction it is immaterial whether the case is tried by the court or by a jury.
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Appeal from Putnam Circuit Court. — No». P. C. Stepp, Judge. (1) "Where a case is tried by the court sitting as a jury, and there is evidence given by both parties on the issues, it is error to give a peremptory instruction that upon the evidence the plaintiff is entitled to recover. DeG-raw v. Prior, 53 Mo. 313; Butler Co. v. Bant, 143 Mo. 23. In determining’ the. propriety of a peremptory instruction it is immaterial whether the case is tried by the court or by a jury. Lumber Co. v. Christophel, 62 Mo. App. 98. The first declaration of law given for the plaintiff is manifestly erroneous. It…
1Opinion of the CourtFox, J.
This is an action 'of ejectment for the possession of the southwest quarter of section ten, township sixty-five, range nineteen, in Putnam county. 'The petition is in the usual form in such case. Hugh D. Marshall, who was originally made a codefendant, •by answer disclaimed, any title or interest in the land, and the case was thereafter dismissed as to him. The -other defendants, Means and Clapp, filed answer' in which they admit the possession of the land, but deny nil other allegations in the pétition.
The trial was by the court, a jury being waived, •and resulted in a judgment for plaintiff…
2Cases cited13 opinions
- Gregory v. ChambersSupreme Court of Missouri · 1883
- Monroe Cattle Co. v. BeckerSupreme Court of the United States · 1893
- Wolff v. CampbellSupreme Court of Missouri · 1892
- Harness v. CravensSupreme Court of Missouri · 1894
- Bryan v. WearSupreme Court of Missouri · 1835
8 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Williams v. LobbanSupreme Court of Missouri · 1907
- Stanton v. ThompsonSupreme Court of Missouri · 1911
- Spore v. Ozark Land Co.Supreme Court of Missouri · 1905
- Proctor v. NanceSupreme Court of Missouri · 1909
- Burkham v. ManewalSupreme Court of Missouri · 1906
20 more not listed; retrieve them via the Exa API.