Gutzwiller v. Lackman
Supreme Court of Missouri
dippeal from, St. Louis Land Court. This was an action in the nature of an action of ejectment, to recover possession of a lot in the city of St. Louis. Plaintiff claimed title by virtue of a deed of conveyance, dated May IT, 1853, executed by one Thomas J. Meier as trustee for one John T. Schultze. The defendants answered, denying all the allegations of the petition.
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dippeal from, St. Louis Land Court. This was an action in the nature of an action of ejectment, to recover possession of a lot in the city of St. Louis. Plaintiff claimed title by virtue of a deed of conveyance, dated May IT, 1853, executed by one Thomas J. Meier as trustee for one John T. Schultze. The defendants answered, denying all the allegations of the petition. A. J. P. Garesché, claiming to be landlord of the other defendants, was made a co-defendant, and filed his answer, alleging therein that the deed of trust from Schultze to Meier was fraudulent and void, as having been made with…
1Opinion of the CourtScott, Judge
We do not see on what principle the plaintiff was permitted to introduce evidence of his good character. The rule is stated in the books, that, as evidence is to be confined to the points in issue, the character of either party can not be inquired into in a civil suit, unless it is put in issue by the nature of the proceeding itself. (1 Phil. 176; 2 Greenl. on Evidence, § 54, 55; 1 Cow. & Hill’s notes, 456.) There may be exceptions to this rule, but the cases do not show that evidence of charac-iter is admissible in controversies like the present.
The second instruction asked by the defendants…
2Cases cited2 opinions
- Adlum v. YardSupreme Court of Pennsylvania · 1829
- West v. ForemanSupreme Court of Alabama · 1852
3Cited by22 opinions
- Travelers Insurance v. SheppardSupreme Court of Georgia · 1890
- Gebhart v. BurkettIndiana Supreme Court · 1877
- Vawter v. HultzSupreme Court of Missouri · 1892
- Fahey v. CrottyMichigan Supreme Court · 1886
- Pearsoll v. ChapinSupreme Court of Pennsylvania · 1863
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