Ranney v. Lewis
Missouri Court of Appeals
Appeal from Mississippi County Circuit Court. — Ho». Frank Kelly, Judge. (1) Tlie memorandum made by Judge Ranney in his office docket was a part of the res gestae and should have been admitted in testimony. Ereenleaf on Evidence, Yol. 1 (12 Ed.), Sec. 108a. (2) The burden of proof rests upon the person who takes the affirmative. City of St. Louis v. Arnot, 94-Mo. 275; Berger v. Storage Co., 136 Mo. App. 36; Stephens v. Assurance Co., 139 Mo.
Read the full summary
Appeal from Mississippi County Circuit Court. — Ho». Frank Kelly, Judge. (1) Tlie memorandum made by Judge Ranney in his office docket was a part of the res gestae and should have been admitted in testimony. Ereenleaf on Evidence, Yol. 1 (12 Ed.), Sec. 108a. (2) The burden of proof rests upon the person who takes the affirmative. City of St. Louis v. Arnot, 94-Mo. 275; Berger v. Storage Co., 136 Mo. App. 36; Stephens v. Assurance Co., 139 Mo. App. 369; Bathe v. Insurance Co., 152 Mo. App. 87. (3) In accepting employment a lawyer does not become an insurer of the success of his professional…
1Opinion of the CourtFarrington, J.
This is an action instituted by appellant, Robert G. Ranney, a lawyer, for the purpose of recovering from respondents the alleged value of legal services rendered in the year 1908 in a Federal court in a case wherein these respondents were plaintiffs. Appellant sued for $220' as the balance due.
Defendants in their answer denied being indebted to plaintiff in that sum, but admitted employing plaintiff to bring the suit for them in the Federal court, and pleaded'a special contract whereby they were to pay plaintiff $50 for his services, unless he should be caused to leave the city where he…
2Cases cited16 opinions
- Bowman v. BransonSupreme Court of Missouri · 1892
- Kennedy v. HolladayMissouri Court of Appeals · 1887
- Berger v. St. Louis Storage & Commission Co.Missouri Court of Appeals · 1909
- Gardner v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1909
- Britian v. FenderMissouri Court of Appeals · 1906
11 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Equitable Life Assurance Society of the United States v. CampbellIndiana Court of Appeals · 1925
- Diamant v. Stein GreenMissouri Court of Appeals · 1938
- Davis v. McClellandMissouri Court of Appeals · 1914