Remmler v. Shenuit
Missouri Court of Appeals
Appeal from the St. Louis Circuit Court,. Barclay, J. This being an action for assault, it abates on the death of defendant. — Rev. Stats. 1879, sects. 96 and 97 ; Stanley v. Vogel, 9 Mo. App. 98. And even after judgment and during appeal. —Taney v. Edwards, 27 Texas, 224. The instruction given by the court on its own motion was erroneous, because it referred the jury to the pleadings, to ascertain the issues. — Darsler v. Wixley, 32 Mo. 498; Mo.
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Appeal from the St. Louis Circuit Court,. Barclay, J. This being an action for assault, it abates on the death of defendant. — Rev. Stats. 1879, sects. 96 and 97 ; Stanley v. Vogel, 9 Mo. App. 98. And even after judgment and during appeal. —Taney v. Edwards, 27 Texas, 224. The instruction given by the court on its own motion was erroneous, because it referred the jury to the pleadings, to ascertain the issues. — Darsler v. Wixley, 32 Mo. 498; Mo. Coal Co. v. H. <& St. J. R. Co., 35 Mo. 84; Corleer v. Corleer, 2 Mo. App. 458; Edelman v. St. Louis Transfer Co., 3 Mo. App. 505.
1Opinion of the CourtBakewell, J.
This is an action by husband and wife for damages for an indecent assault alleged to have been committed by defendant upon Mary Remmler, the wife of her co-plaintiff. The petition alleges that, on a day named, defendant used obscene language to the plaintiff, Mary, solicited her to have sexual commerce with him, and, in the presence of her infant children, struck her, and with violence, attempted to drag her to a bed and to effect the purpose above named.
The answer was a general denial. There was a verdict and judgment for plaintiff for $2,000. A motion for new trial was sustained, unless…
2Cases cited2 opinions
- Lewis v. St. Louis & Iron Mountain RailroadSupreme Court of Missouri · 1875
- Edelmann v. St. Louis Transfer Co.Missouri Court of Appeals · 1877
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- Procter v. LoomisMissouri Court of Appeals · 1889
- Lyon v. LyonMissouri Court of Appeals · 1929
- Bowles Live Stock Commission Co. v. HunterMissouri Court of Appeals · 1902
- McKay v. McKayMissouri Court of Appeals · 1915
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