Legal Opinion

Nelson v. Betts

Missouri Court of Appeals

Decided March 9, 1886PublishedCited by 11 opinions

Appeal from the St. Louis Circuit Court. W H. Horner, Judge. The cause should have been submitted to a jury. Const. Mo., chap. 2, sect. 28; Rev. Stats., sects. 3800, 3602. £cThe action is properly brought under the statute and the practice of this .state.”

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Appeal from the St. Louis Circuit Court. W H. Horner, Judge. The cause should have been submitted to a jury. Const. Mo., chap. 2, sect. 28; Rev. Stats., sects. 3800, 3602. £cThe action is properly brought under the statute and the practice of this .state.” Rev. Stats., sect. 3511; Rutherford v. Williams, 42 Mo. 18 ; Alexander v. Relfe, 74 Mo. 495 to 521 ; Cadwailacler v. West, 48 Mo. 494 ; Davis v. Luster, 64 Mo. 45 ; McQlure v. Lewis, 72 Mo. 324-5 ; Dailey v. Jessup, 72 Mo. 145 ; Massey v. Young, 73 Mo. 270. If a jury is not demanded, and no exception is taken to the action of the ■court in…

1Opinion of the CourtThompson, J.

The petition is in the form of a bill in equity embracing six paragraphs. The answer was a general denial. There was a trial before the court as in cases in equity, at the end of which the plaintiff stated to the court that a witness who had been subpoenaed for the plaintiff had been unable to attend by reason of sickness; that her testimony would fully corroborate that of the plaintiff in certain particulars, and asked that the further hearing of the case be continued until this witness could attend, which would probably be in a few days. The plaintiff, also, testified that the testimony of…

2Cases cited8 opinions

  1. Holland v. AndersonSupreme Court of Missouri · 1866
  2. Griffith v. TownleySupreme Court of Missouri · 1878
  3. Stewart v. CaldwellSupreme Court of Missouri · 1874
  4. Hannibal & St. Joseph Railroad v. BrownSupreme Court of Missouri · 1869
  5. Phillips v. StewartSupreme Court of Missouri · 1875

3 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. Hagemann v. PinskaMissouri Court of Appeals · 1931
  2. Texas Co. v. NorthupSupreme Court of Virginia · 1930
  3. Frey v. OnstottSupreme Court of Missouri · 1948
  4. Drennon v. DalincourtMissouri Court of Appeals · 1894
  5. Smith v. PattersonMissouri Court of Appeals · 1893

6 more not listed; retrieve them via the Exa API.

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