Ferguson & Wheeler v. Dalton
Supreme Court of Missouri
Appeal from Butler Circuit Court. — Hon. J. L. Fort, Judge. (1) “Before a court is authorized to sustain a demurrer to the evidence because of its insufficiency, it must appear that, admitting all the evidence introduced by the plaintiff to be absolutely true, and giving him the benefit of every reasonable inference to be deduced therefrom, he is not entitled to recover.” This rule is alike applicable to trials to. the court as well as trials before a jury.
Read the full summary
Appeal from Butler Circuit Court. — Hon. J. L. Fort, Judge. (1) “Before a court is authorized to sustain a demurrer to the evidence because of its insufficiency, it must appear that, admitting all the evidence introduced by the plaintiff to be absolutely true, and giving him the benefit of every reasonable inference to be deduced therefrom, he is not entitled to recover.” This rule is alike applicable to trials to. the court as well as trials before a jury. Baird v. Railroad, 146 Mo. 281; Butler Co. v. Bank, 143 Mo. 23; Bender v. Railroad, 137 Mo. 244; Bank v. Simpson, 152 Mo. 656; Bank v.…
1Opinion of the CourtRobinson, J.
This action by plaintiffs, as assignees of two accounts of T. N. Caldwell against I. M. *325Davidson, for work and labor done and performed by said Caldwell under contract with said Davidson for the grading and improving of certain streets in the city of Poplar Bluff, Missouri, is here now on its second appeal. Since the institution of this suit, the defendant Davidson has died, and same has been revived and prosecuted against his personal representatives. At the first trial of the cause, which was had before a jury, the plaintiffs introduced testimony tending to prove the statements in their…
2Cases cited1 opinion
- Ferguson v. DavidsonSupreme Court of Missouri · 1899
3Cited by12 opinions
- Pflanz v. PflanzMissouri Court of Appeals · 1944
- Reighley v. Estate of FabriciusMissouri Court of Appeals · 1960
- MacHctinger v. GrenzebachMissouri Court of Appeals · 1955
- Adkinson v. McKayMissouri Court of Appeals · 1914
- Winfrey v. MatthewsMissouri Court of Appeals · 1913
7 more not listed; retrieve them via the Exa API.