Willison v. Smith
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Hon. Daniel D. Fishee, Judge. (1) In view of the fact that, previous to being asked, neither of the defendants had qualified themselves to testify upon the question of value, the trial court erred in permitting them to testify as to the value of the property taken. Stevens v. Springer, 23 Mo. App. 375, 385; Miller v. Bryden, 34 Mo. App. 607; Gourley v. Railroad, 35 Mo.
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Appeal from the St. Louis City Circuit Court. — Hon. Daniel D. Fishee, Judge. (1) In view of the fact that, previous to being asked, neither of the defendants had qualified themselves to testify upon the question of value, the trial court erred in permitting them to testify as to the value of the property taken. Stevens v. Springer, 23 Mo. App. 375, 385; Miller v. Bryden, 34 Mo. App. 607; Gourley v. Railroad, 35 Mo. App. 87. (2) The instruction given by the court upon the measure of damages was clearly erroneous. It told the jury to assess the value of the property taken at the time taken,…
1Opinion of the CourtBiggs, J.
The defendants are husband and wife. On the twenty-fourth day of J une, 1890, they borrowed of the plaintiff’s assignee $81.25, for which they executed their note, payable one month after its date. To secure this loan they executed a chattel mortgage on their household effects. On the sixth day of August, 1891, the plaintiff, as the holder of the note and mortgage, instituted the present action before a justice of the peace to recover possession of the mortgaged property. He gave bond, and the property was seized under the writ and delivered to him. On a trial in the circuit court, where the…
2Cases cited8 opinions
- Dilworth v. McKelvySupreme Court of Missouri · 1860
- Chapman v. KerrSupreme Court of Missouri · 1883
- Anchor Milling Co. v. WalshMissouri Court of Appeals · 1885
- Pope v. JenkinsSupreme Court of Missouri · 1860
- Richey v. BurnesSupreme Court of Missouri · 1884
3 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Wm. S. Merrill Chemical Co. v. NickellsMissouri Court of Appeals · 1896
- Jones v. JonesMissouri Court of Appeals · 1915
- Vitt v. BaerMissouri Court of Appeals · 1960
- Muzenich v. McClainMissouri Court of Appeals · 1925
- Westbay v. MilliganMissouri Court of Appeals · 1898
6 more not listed; retrieve them via the Exa API.