Carrell v. McDonnell
Missouri Court of Appeals
Appeal from the Andrew Circuit Court. — Son. Alonso D. Burnes, Judge. The evidence adduced in this case abundantly shows that the relation of parent and child existed between appellant and respondent. Under such circumstances appellant contends that the trial court committed a serious error against him in giving to the jury instruction numbered one, in behalf of respondent.
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Appeal from the Andrew Circuit Court. — Son. Alonso D. Burnes, Judge. The evidence adduced in this case abundantly shows that the relation of parent and child existed between appellant and respondent. Under such circumstances appellant contends that the trial court committed a serious error against him in giving to the jury instruction numbered one, in behalf of respondent. This instruction told the jury that if they believed from the evidence, defendant requested plaintiff to work for him in and about his home, and that upon such request being made of her, she went to the home of defendant…
1Opinion of the Court
BROADDUS, J. —
This is a suit to recover for the value of plaintiff’s services rendered by plaintiff on an alleged contract had with defendant.
The plaintiff is the daughter of defendant and was married prior to the 1st day of March, 1899, and was living with her husband and child separate and apart from defendant.
Plaintiff’s evidence went to prove, that she left her own home and at the request of defendant and took up her abode with him. The request mentioned was in the form of a letter, the contents of which were to the effect that defendant would like for plaintiff to come home; that her…
2Cases cited5 opinions
- Lillard v. WilsonSupreme Court of Missouri · 1903
- Bissig v. BrittonSupreme Court of Missouri · 1875
- Louder v. HartMissouri Court of Appeals · 1893
- Shannon v. CarterMissouri Court of Appeals · 1903
- Castle v. EdwardsMissouri Court of Appeals · 1895
3Cited by2 opinions
- Poage v. ParkerMissouri Court of Appeals · 1961
- Folsom v. StateCourt of Criminal Appeals of Texas · 1926