Hart v. Hicks
Supreme Court of Missouri
Appeal from, Jackson Circuit Court. — Hon. J. H. Slover, Judge. (1) There was no variance at all between the allegations and the proof, because there was sufficient evidence tending to show the conspiracy alleged. Peterson v. Speers, 29 Pa. St. loc. cit. 491; State v. Wolcott, 21 Conn. loc. cit. 281; Mussel Slough Case, 5 Fed.
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Appeal from, Jackson Circuit Court. — Hon. J. H. Slover, Judge. (1) There was no variance at all between the allegations and the proof, because there was sufficient evidence tending to show the conspiracy alleged. Peterson v. Speers, 29 Pa. St. loc. cit. 491; State v. Wolcott, 21 Conn. loc. cit. 281; Mussel Slough Case, 5 Fed. Rep. 680; 2 Wharton’s Evidence [3 Ed.], sec. 1205; Biehl v. Ass’n, 104 Ind. 73; Keeley v. State, 55 N. Y. 566; Bloomer v. State, 48 Md. 525; Schultz v. Christian, 9 Mo. App. 588; People v. Spies, 122 111. 1; Boyd v. Jones, 60 Mo. 454; Bank v. Bussell, 50 Mo. 531. (2)…
1Opinion of the CourtBurgess, J.
The plaintiff Mary J. Hart, her husband, O. Y. Hart, joining with her, prosecutes this action against the defendant, who had previously been her landlord, for damages in combining with other tenants of defendant, to wit: Mrs. Emma Conway and family, and one John Rogers, who occupied the first floor and basement of the same building, while plaintiff occupied the second floor, to drive the plaintiffs and their family out of said building. At the conclusion of the evidence offered by plaintiff, the defendant interposed a demurrer thereto, which was sustained. Plaintiffs then took a nonsuit with…
2Cases cited3 opinions
- State v. RossSupreme Court of Missouri · 1859
- State v. WalkerSupreme Court of Missouri · 1888
- Kanaga v. St. Louis, Lawrence & Western RailroadSupreme Court of Missouri · 1882
3Cited by5 opinions
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- State v. PfeifferSupreme Court of Missouri · 1919
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- White v. GibsonMissouri Court of Appeals · 1905