McClure v. Farthing
Supreme Court of Missouri
Error to Montgomery Circuit Court. cited Revely vs. Skinner, et dl., 83 Mo. Rep., pages 98 and 99; 5th Howard, P. R-341. In the “ agreement” there is no admission that the plaintiff’s case was proved, or that any fact on which it depended was true. ' The sense of the agreement is “ that the witnesses would swear in this case as in the one just tried’,’ not that plaintiff’s witnesses had proved a singly fact.
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Error to Montgomery Circuit Court. cited Revely vs. Skinner, et dl., 83 Mo. Rep., pages 98 and 99; 5th Howard, P. R-341. In the “ agreement” there is no admission that the plaintiff’s case was proved, or that any fact on which it depended was true. ' The sense of the agreement is “ that the witnesses would swear in this case as in the one just tried’,’ not that plaintiff’s witnesses had proved a singly fact. The case of Revely vs. Skinner, 33 Mo., p. 98, is not therefore in point. The error in that case is that the court assumed an issuable fact to be true, although the answer of the guar…
1Opinion of the CourtBliss, Judge
Some of the defendants in this cause were minors and answered by guardian ad litem, and during its pendency the attorneys for the plaintiff and for the other defendants, made an *110agreement in writing stipulating that “a final decree should be entered in the cause for the plaintiff upon the trial and evidence adduced in the other cause tried by the court, in which a decree was entered for plaintiff; the evidence and points of controversy upon the title being substantially similar.” It was farther stipulated that if the former decree should be reversed, that rendered in this cause should be set…
2Cases cited1 opinion
- Revely v. SkinnerSupreme Court of Missouri · 1862
3Cited by10 opinions
- Spotts v. SpottsSupreme Court of Missouri · 1932
- Gray Ex Rel. Brokel v. ClementSupreme Court of Missouri · 1920
- Collins v. TrotterSupreme Court of Missouri · 1883
- Kennard v. WigginsSupreme Court of Missouri · 1941
- Lalakea v. Laupahoehoe Sugar Co.Hawaii Supreme Court · 1939
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