Hood v. Mathis
Supreme Court of Missouri
Error to Benton Circuit Court. This suit was commenced before a justice of the peace by Hood against Mathis & Williams for a year’s “ rent of ten acres of land.” There being a judgment against the defend- ' ants in the justice’s court, they appealed to the Circuit Court, giving the statutory bond, conditioned for satisfaction “if the judgment of the justice be affirmed, or if on the trial anew in the Circuit Court, judgment be given against the appellants.”
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Error to Benton Circuit Court. This suit was commenced before a justice of the peace by Hood against Mathis & Williams for a year’s “ rent of ten acres of land.” There being a judgment against the defend- ' ants in the justice’s court, they appealed to the Circuit Court, giving the statutory bond, conditioned for satisfaction “if the judgment of the justice be affirmed, or if on the trial anew in the Circuit Court, judgment be given against the appellants.” At the trial in the Circuit Court before a jury, there was evidence tending to show that the defendant, Williams, owned land adjoining…
1Opinion of the CourtLeonard, Judge
1. The rule as to the acquittal of a defendant, in order that be may be examined as a witness for bis co-defendant, is thus stated by Gilbert, in bis Law of Evidence, p. 117: “ If any person be arbitrarily made a defendant to prevent bis testimony in tbe cause, be shall not prevail by that artifice, but tbe defendant against whom nothing is proved shall be sworn notwithstanding ; for here the defendant does not swear in bis own justification, but in justification of another, with whom be is joined in tbe action unnecessarily; and were not this allowed, it were but for tbe plaintiff to turn…
2Cases cited2 opinions
- Brown, Hussey & Erith v. HowardNew York Supreme Court · 1817
- Shelton v. FordSupreme Court of Missouri · 1841
3Cited by18 opinions
- Edmonson v. KiteSupreme Court of Missouri · 1869
- Cohen v. KylerSupreme Court of Missouri · 1858
- State ex rel. Armour Packing Co. v. DickmannMissouri Court of Appeals · 1910
- Fisse v. EinsteinMissouri Court of Appeals · 1878
- Heynemann v. EderCalifornia Supreme Court · 1861
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