Darby v. Swartz
Supreme Court of Missouri
ERROR to St. Louis Circuit Court. I.The plaintiff in the court below and in error insists, that the instruction given by the Circuit Court to the jury was error, in this, that it removed from the consideration of the jury the facts of the cause, and was a positive direction to them (the jurors) to find a verdict for the defendant, thereby discharging them from their peculiar province, viz., the finding of a verdict which they were sworn to render, and compelled the plaintiff…
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ERROR to St. Louis Circuit Court. I.The plaintiff in the court below and in error insists, that the instruction given by the Circuit Court to the jury was error, in this, that it removed from the consideration of the jury the facts of the cause, and was a positive direction to them (the jurors) to find a verdict for the defendant, thereby discharging them from their peculiar province, viz., the finding of a verdict which they were sworn to render, and compelled the plaintiff to elect a nonsuit. 1. Had the plaintiff insisted upon his right to have the jury pass upon his case, the jurors (the…
1Opinion of the CourtNapton, J.
This was an action of detinue, brought by Darby, the administrator of Samuel A. Childs, against Swartz, to recover a negro girl, alleged to belong to the estate of said Childs.
The plaintiff, on the trial, offered evidence showing that the girl, together with several others, originally belonged to Samuel A. and B. Childs, who were partners and insolvent; that an execution upon a judgment against Samuel A. Childs, for an individual debt of said Samuel A., had been levied on said girl, and that she was sold under said execution to the defendant, Swartz ; that a suit in chancery had been…
2Cited by4 opinions
- Compton v. ParsonsSupreme Court of Missouri · 1882
- Webb v. TweedieSupreme Court of Missouri · 1860
- Koch v. SachlebenMissouri Court of Appeals · 1904
- Meyers v. BoydMissouri Court of Appeals · 1889