Davis v. Clark
Missouri Court of Appeals
Appeal from the Cole Circuit Court. — How. E. L. Edwards, Judge. (1) The court improperly sustained the demurrer to the evidence. Where there is any evidence to sustain plaintiff’s action the case should be submitted to the jury.
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Appeal from the Cole Circuit Court. — How. E. L. Edwards, Judge. (1) The court improperly sustained the demurrer to the evidence. Where there is any evidence to sustain plaintiff’s action the case should be submitted to the jury. Twohey v. Fruin, 96 Mo. 104; Walsh v. Morse, 80 Mo. 568 ; Charles v. Patch, 87 Mo. 450 Baum v. Fryrear, 85 Mo. 151; Ward v. Davidson, 89 Mo. 445; R. S. 1879, sec. 3573,; Clark v. Ctark, 86 Mo. 115. (2) The court erred in refusing to permit plaintiff to prove acts of trespass between the filing of the original and amended petitions. Pomeroy on Remedies & Remedial…
1Opinion of the CourtEllison, J.
Plaintiff is the owner of the reversionary interest in certain lands of which defendant is the owner of the estate by the curtesy. The action is for waste by alleged injury to the inheritance in cutting trees. There was a demurrer to the testimony offered by plaintiff, which, being sustained, plaintiff appealed. It is singular that in a case depending so much on dates and descriptions of land that there should be such indefiniteness as appears from the testimony introduced. There is sufficient in the evidence, however, to submit to the jury the question whether defendant did cut trees before…
Also in this document: Concurrence.
2Cases cited1 opinion
- State v. LipscombSupreme Court of Missouri · 1873
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- Smith v. SmithSupreme Court of Georgia · 1898
- Knowles v. MooreMissouri Court of Appeals · 1981
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