People's Bank v. Stewart
Missouri Court of Appeals
Appeal from Lawrence Circnit Court. — Eon. John O. Turk, Special Judge. A party will not be permitted to prove a matter not pleaded. Halpin Mfg. Co. v. School District, 54 Mo. App. 871. A party wrill not be allowed to introduce evidence in support of a defense not set out in his answer. Currier v. Lowe, 32 Mo. 203; Edwards v. Gibbony, 51 Mo. 129; Russell v. Whitely, 59 Mo. 196; Kuhn v. Weil, 73 Mb. 213; Weil v. Poston, 77 Mo. 284; Edgar v. Knpper, 110 Mo.
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Appeal from Lawrence Circnit Court. — Eon. John O. Turk, Special Judge. A party will not be permitted to prove a matter not pleaded. Halpin Mfg. Co. v. School District, 54 Mo. App. 871. A party wrill not be allowed to introduce evidence in support of a defense not set out in his answer. Currier v. Lowe, 32 Mo. 203; Edwards v. Gibbony, 51 Mo. 129; Russell v. Whitely, 59 Mo. 196; Kuhn v. Weil, 73 Mb. 213; Weil v. Poston, 77 Mo. 284; Edgar v. Knpper, 110 Mo. App. 280. Defendant contented himself with the denial of the fact that he gave the orders. Payment, accord and satisfaction or release or…
1Opinion of the CourtReynolds, P. J.
(after stating the facts).— Taking up the proposition as to the modification of four of the instructions asked by appellant, we cannot notice this exception because, while the brief of the learned counsel for appellant sets out what they claim was addéd to these instructions by the court, it does not appear by the bill of exceptions that those were the additions made by the court. We are therefore shut off from considering this assigned error as ground for reversal. Assuming, however, that the clause added by the court to these instructions was, as stated by counsel to be, “unless you further…
2Cases cited13 opinions
- Nelson v. BrodhackSupreme Court of Missouri · 1869
- Greenway v. JamesSupreme Court of Missouri · 1864
- Young v. GlascockSupreme Court of Missouri · 1883
- Cohn v. LehmanSupreme Court of Missouri · 1887
- Wilkerson v. FarnhamSupreme Court of Missouri · 1884
8 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Fenn v. ReberMissouri Court of Appeals · 1910
- Peoples Bank v. StewartMissouri Court of Appeals · 1911
- First National Bank v. HahnMissouri Court of Appeals · 1917
- Long v. LongMissouri Court of Appeals · 1912
- Slyman v. SimonMissouri Court of Appeals · 1932
3 more not listed; retrieve them via the Exa API.