Legal Opinion

Strother v. McFarland

Missouri Court of Appeals

Decided July 2, 1912PublishedCited by 2 opinions

Appeal from Dunklin Circuit Court. — Eon. J. L. Fort, Judge. (1) The conduct of counsel for defendant was such that this case should be reversed for that reason alone, were there no other error in the case, for it is reversible error for counsel to continue asking prejudicial questions, even though the court sustains an objection thereto and prevent the answer going to the jury.

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Appeal from Dunklin Circuit Court. — Eon. J. L. Fort, Judge. (1) The conduct of counsel for defendant was such that this case should be reversed for that reason alone, were there no other error in the case, for it is reversible error for counsel to continue asking prejudicial questions, even though the court sustains an objection thereto and prevent the answer going to the jury. Cases should be tried in court on their merits and'not on insinuations, and innuendoes wrongfully injected therein by designing counsel; and where the complaining party has been injured by such conduct the appellate…

1Opinion of the Court

NORTON!, J.

— This is an action in trover as for conversion. The finding and judgment were for defendant and plaintiff prosecutes the appeal.

Defendant is collector of the revenue of Pemiscot county and as such levied upon and sold a carriage as the property of Jefferson D. Strother for taxes owing by him. Plaintiff is the wife of Jefferson D. Strother and prosecutes this suit against the collector as for a conversion of the carriage, which it is said belonged to her, and not to her husband, for the satisfaction of whose taxes it was sold. . The evidence for plaintiff tended to prove that she…

2Cases cited4 opinions

  1. Sallee v. McMurryMissouri Court of Appeals · 1905
  2. Beauchamp v. HigginsMissouri Court of Appeals · 1886
  3. Schooler v. SchoolerMissouri Court of Appeals · 1885
  4. Wheeler v. WheelerSupreme Court of Connecticut · 1876

3Cited by2 opinions

  1. Aylor v. AylorMissouri Court of Appeals · 1914
  2. Moon Distributing Co. v. MarableMissouri Court of Appeals · 1956

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