Sherman v. Rockwood
Missouri Court of Appeals
Appeal from Vernon Circuit Court, Hon. E. E. Kimball, Special Judge. Statement of case by the court. This action was instituted in a justice’s court, to recover the value of a horse sold by plaintiff to defendant for the sum of one hundred and fifty dollars. Plaintiff recovered judgment, and ‘defendant appealed to the circuit court. When the cause came on for trial in the circuit court, the plaintiff made to the jury an oral statement of what he expected to prove.
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Appeal from Vernon Circuit Court, Hon. E. E. Kimball, Special Judge. Statement of case by the court. This action was instituted in a justice’s court, to recover the value of a horse sold by plaintiff to defendant for the sum of one hundred and fifty dollars. Plaintiff recovered judgment, and ‘defendant appealed to the circuit court. When the cause came on for trial in the circuit court, the plaintiff made to the jury an oral statement of what he expected to prove. Thereupon, the -defendant stated that he denied any liability, and that his defence would be developed as the-trial progressed.…
1Opinion of the CourtPhilips, P. J.
No candid mind, on reading this record, can escape the impression that the whole conduct of the defendant throughout this transaction was most reprehensible.
■It is true that in actions instituted in justices?' *407courts no formal pleadings are required, and that the general issue obtains, under which defendant may interpose any matter which goes to defeat the plaintiff’s cause of action. On a trial de novo, on appeal, the same rule would apply. The parties, if they see fit, may state their case to the court and jury. By the statement first made to the jury the defendant indicated that he…
2Cited by4 opinions
- Hornsby v. StevensMissouri Court of Appeals · 1896
- Gabriel v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1908
- Helm v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1903
- Beck v. KinealyMissouri Court of Appeals · 1901