Keifer v. Shacklett
Missouri Court of Appeals
Appeal from the Macon Circuit Court. — non. N. M. Shelton, Judge. (1) Where there Í3 any evidence, however slight it may be, and whether direct or inferential, it must go to the jury, who are the exclusive judges of its weight and sufficiency. Charles v. Patch, 87 Mo. 450; Twohey v. Eruin, 96 Mo. 104, 109; Taylor v. Short, 38 Mo. App. 21; McEarland v. Bellows, 49 Mo. 311; Higgins v. Eailway, 43 Mo.
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Appeal from the Macon Circuit Court. — non. N. M. Shelton, Judge. (1) Where there Í3 any evidence, however slight it may be, and whether direct or inferential, it must go to the jury, who are the exclusive judges of its weight and sufficiency. Charles v. Patch, 87 Mo. 450; Twohey v. Eruin, 96 Mo. 104, 109; Taylor v. Short, 38 Mo. App. 21; McEarland v. Bellows, 49 Mo. 311; Higgins v. Eailway, 43 Mo. App. 547. (2) A demurrer to the evidence admits every fact which any of the evidence tends to prove, and also every fact which the jurors might, with propriety, infer from the evidence before them.…
1Opinion of the CourtGill, J.
— This is a suit by a mortgagee against the purchaser from the mortgagor for the balance of the mortgage debt left unpaid after foreclosure of the mortgage — the basis of the action being that said purchaser had assumed and agreed to pay the mortgage debt. At the close of the evidence the court gave a peremptory instruction for defendants, and from a verdict and judgment in accordance therewith plaintiff appealed. ,
The record discloses about this state of facts. In March, 1893, one Boltz owned a lot in the town of Gorin, Scotland county, Missouri, on which he had borrowed $418 from plaintiff,…
2Cases cited3 opinions
- Hall v. MorganSupreme Court of Missouri · 1883
- State Insurance v. IrwinMissouri Court of Appeals · 1896
- Walker v. GoodsillMissouri Court of Appeals · 1893
3Cited by5 opinions
- McFarland v. MelsonSupreme Court of Missouri · 1929
- Curry v. LafonMissouri Court of Appeals · 1908
- Frase v. LeeMissouri Court of Appeals · 1911
- Monett Lodge, No. 106, I. O. O. F. v. HartmanMissouri Court of Appeals · 1914
- Phoenix Trust Co. v. GarnerMissouri Court of Appeals · 1933