Legal Opinion

State Ex Rel. Jenkins v. Trimble

Supreme Court of Missouri

Decided December 30, 1921PublishedCited by 21 opinions

Certiorari. The opinion of the Court of Appeals holding that the error in plaintiff’s instruction “A” was cured by the giving of defendant’s instructions 1, 3, and 5, and holding that said instruction “A” was not in conflict with defendant’s instructions 1, 3 and 5, is in conflict with the last controlling decisions of this court and in conflict with the general trend of the decisions of this court. Wingfield v. Wabash Ry.

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Certiorari. The opinion of the Court of Appeals holding that the error in plaintiff’s instruction “A” was cured by the giving of defendant’s instructions 1, 3, and 5, and holding that said instruction “A” was not in conflict with defendant’s instructions 1, 3 and 5, is in conflict with the last controlling decisions of this court and in conflict with the general trend of the decisions of this court. Wingfield v. Wabash Ry. Co., 257 Mo. 347; State ex rel. v. Ellison, 272 Mo. 571, 583; Clark v. Hammerle, 27 Mo. 55, 70. (1) The only issue before the court in this proceeding; is .whether or not…

1Opinion of the CourtElder, J.

Certiorari to quash judgment of the Kansas City Court of Appeals.

Relator seeks by writ of certiorari to quash a judgment rendered by the Kansas City Court of Appeals affirming a judgment for $125 entered by the Circuit Court of Livingston County, in an action brought by the firm of Minteer, Williams & Minteer against M. R. Jenkins (relator herein) to recover the value of certain awnings ordered by relator and delivered by the afore said) firm at the residence of relator in the city of Chilli-cothe.

The evidentiary facts in the case -are thus stated in the opinion of the Court of Appeals:

“…

2Cases cited7 opinions

  1. Owens v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1888
  2. Stauffer v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1912
  3. Stack v. General Baking Co.Supreme Court of Missouri · 1920
  4. Sullivan v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1885
  5. State Ex Rel. Calhoun v. ReynoldsSupreme Court of Missouri · 1921

2 more not listed; retrieve them via the Exa API.

3Cited by21 opinions

  1. McDonald Ex Rel. Baber v. Kansas City Gas Co.Supreme Court of Missouri · 1933
  2. Larey v. Missouri-Kansas-Texas RailroadSupreme Court of Missouri · 1933
  3. State v. DouglasSupreme Court of Missouri · 1926
  4. Bowman v. RahmoellerSupreme Court of Missouri · 1932
  5. State Ex Rel. North British & Mercantile Insurance v. CoxSupreme Court of Missouri · 1925

16 more not listed; retrieve them via the Exa API.

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