Farley v. Pettes
Missouri Court of Appeals
Appeal from St. Louis Circuit Court. cited: 1 Pk. on Ev. 748 ; Tennant v. Hamilton, 7 Cl. & Fin. 122; Garter v. Pryhe, Peake, 95 ; Iron Mountain Ranh v. Murdoch, 62 Mo. 74. The evidence'complained of was part of the res gestae, and competent. — Sill v. Ruse, 47 Cal. 341; Morse v. JDiebold, 2 Mo.
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Appeal from St. Louis Circuit Court. cited: 1 Pk. on Ev. 748 ; Tennant v. Hamilton, 7 Cl. & Fin. 122; Garter v. Pryhe, Peake, 95 ; Iron Mountain Ranh v. Murdoch, 62 Mo. 74. The evidence'complained of was part of the res gestae, and competent. — Sill v. Ruse, 47 Cal. 341; Morse v. JDiebold, 2 Mo. App. 163 ; Owen v. JSforthup, 30 Wis. 491. The order in which testimony is introduced is a matter within the discretion of the trial court. — The State v. Porter, 26 Mo. 209 ; Dozier v. German, 30 Mo. 216 ; Rucher v. Eddings, 7 Mo. 115. The form of ‘this verdict is no ground for a new trial. — Hill,…
1Opinion of the CourtHayden, J.
This is an action to recover the sum of $2,100, which the plaintiff alleges the defendants agreed to pay him for building a sewer. The petition avers that the plaintiff built the *263sewer at the request of the defendants, and that they agreed to pay for it. The defendants denied that the work was done for them, and alleged that it was done by the plaintiff for the St. Louis Tunnel Railroad Company, and with the express understanding that the company would be liable for the cost of building the same. It appeared on the trial, that the defendants were, owners of real estate on the street, in St.…
2Cases cited3 opinions
- State v. PorterSupreme Court of Missouri · 1858
- Dozier v. JermanSupreme Court of Missouri · 1860
- O'Flaherty v. KelloggSupreme Court of Missouri · 1875
3Cited by6 opinions
- Simmons v. FridaySupreme Court of Missouri · 1949
- Roper v. ClantonMissouri Court of Appeals · 1953
- Norton v. HigbeeMissouri Court of Appeals · 1889
- Riley-Wilson Grocer Co. v. Seymour Canning Co.Missouri Court of Appeals · 1908
- Rexford v. PhilippiSupreme Court of Missouri · 1935
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