Legal Opinion

Price v. Reed

Missouri Court of Appeals

Decided December 2, 1889PublishedCited by 1 opinion

Appeal from the Audrain Circuit Court.- — Hon. E. M. Hughes, Judge. (1) The court should have submitted the issue at the commencement of the "trial, so soon as the issues were made up by the pleadings. R. S-. 1879, -secs. 3601, 3603; Proffatt on Jury Trial, sec. 94. The defendant at the close of plaintiff’s testimony asked the court to submit an issue.

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Appeal from the Audrain Circuit Court.- — Hon. E. M. Hughes, Judge. (1) The court should have submitted the issue at the commencement of the "trial, so soon as the issues were made up by the pleadings. R. S-. 1879, -secs. 3601, 3603; Proffatt on Jury Trial, sec. 94. The defendant at the close of plaintiff’s testimony asked the court to submit an issue. At that time plaintiff had put in evidence only such testimony, as was admissible under the general denial of defendant’s answer, and an issue could have been framed that would have presented only the one issue, and thus avoided putting before…

1Opinion of the Court

Smith, P. J. —

This was an action brought by the plaintiff against the defendant in the circuit court of Audrain county, upon a promissory note executed by one Walker to the plaintiff, to secure which, it is alleged in the plaintiff’s petition, Walker undertook to execute a deed of trust on certain real estate, which through the mistake of the scrivener was inaccurately described; that subsequently Walker sold said real estate, and by deed of general warranty conveyed’the same by a correct description to defendant, and that, as a part of the consideration thereof, defendant assumed the payment…

2Cases cited12 opinions

  1. Burr v. . BeersNew York Court of Appeals · 1861
  2. Putney v. FarnhamWisconsin Supreme Court · 1870
  3. Barker v. . BradleyNew York Court of Appeals · 1870
  4. Bobb v. BobbSupreme Court of Missouri · 1886
  5. Snell v. HarrisonSupreme Court of Missouri · 1884

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3Cited by1 opinion

  1. Speer v. BurlingameMissouri Court of Appeals · 1895

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