Holliday v. Jackson
Missouri Court of Appeals
Appeal from the Butler Circuit Court, Hon. John G. Wear, Judge. All who participate in a trespass, and all who assent thereto and receive benefit therefrom after it has been committed, are liable in the action therefor.
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Appeal from the Butler Circuit Court, Hon. John G. Wear, Judge. All who participate in a trespass, and all who assent thereto and receive benefit therefrom after it has been committed, are liable in the action therefor. Canifax v. Chapman, 7 Mo. 175 ; McNeely v. Hunten, 30 Mo. 332 ; Alfred v. Bray, 41 Mo. 448 ; McManus v. Lee, 43 Mo. 206 ; Murphy v. Wilson, 44 Mo. 313; Ullman v. Railroad, 67 Mo. 118; Dooley v. City, 82 Mo. 444 ; Cooper v. Johnson, 81 Mo. 483. When there is any evidence at all to sustain an issue, a demurrer to the evidence should not be sustained, nor the instruction given.…
1Opinion of the CourtThompson, J.
This case was before the court on a former appeal, at which time we reversed the judgment for the plaintiff and remanded the cause. 21 Mo. App. 660. On another trial in the circuit court, the court, at the close of the plaintiffs’ evidence, directed a verdict for the defendant Malone. Thereupon the plaintiff took a non-suit, and afterwards moved to set the same aside, which motion being overruled, he excepted and appeals to this court.
On the former appeal, as here, the objection was urged that the evidence was not sufficient to support a verdict as against the defendant Malone. On carefully…
2Cases cited1 opinion
- Holliday v. JacksonMissouri Court of Appeals · 1886
3Cited by6 opinions
- Curlee v. DonaldsonMissouri Court of Appeals · 1950
- Faulkner v. Town of South BostonSupreme Court of Virginia · 1925
- Lochnar v. StateCourt of Appeals of Maryland · 1910
- Holladay-Klotz Land & Lumber Co. v. T. J. Moss Tie Co.Missouri Court of Appeals · 1899
- Caris v. Nimmons & BennettMissouri Court of Appeals · 1902
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