Dunlap v. Kelly
Missouri Court of Appeals
Appeal from Pettis Circuit Court. — Hon. Louis Hoffman, Judge. (1) The court erred in refusing defendant’s peremptory instruction in the nature of a demurrer to the evidence asked at the close of all the evidence in the case. Bank v. Donnell, 35 Mo. 373. (2) The court plainly committed error in giving plaintiff’s instruction number two. Call v. Mall, 89 M'o. App. 386; Riney v. Hill, 14 Mo. 500; Dunlap v. Kelly, 115 Mo.
Read the full summary
Appeal from Pettis Circuit Court. — Hon. Louis Hoffman, Judge. (1) The court erred in refusing defendant’s peremptory instruction in the nature of a demurrer to the evidence asked at the close of all the evidence in the case. Bank v. Donnell, 35 Mo. 373. (2) The court plainly committed error in giving plaintiff’s instruction number two. Call v. Mall, 89 M'o. App. 386; Riney v. Hill, 14 Mo. 500; Dunlap v. Kelly, 115 Mo. App. 610. (1) Since the defendant failed to file a motion in arrest of judgment, he cannot here question the sufficiency of the petition. Warner v. Morin, 13 Mo. 455; Woods v.…
1Opinion of the CourtJohnson, J.
Action on a promissory note. Verdict and judgment were for plaintiff in the sum of $116.70. The cause has been here twice before on appeals of defendant (105 Mo. App. 1; 115 Mo. App. 610), and each time was reversed and remanded.
The facts of the case as well as the grounds on which it was remanded appear in the former opinions and need not be repeated here. At the last trial, defendant objected to the introduction of evidence on the ground that the petition failed to state a cause of action and, at the close of the evidence, offered a demurrer to *525tbe evidence based on tbe same ground. We…
2Cases cited7 opinions
- Dunlap v. KellyMissouri Court of Appeals · 1904
- Bowling v. McFarlandSupreme Court of Missouri · 1866
- Riney v. HillSupreme Court of Missouri · 1851
- Kroge v. Modern Brotherhood of AmericaMissouri Court of Appeals · 1907
- Warner v. MorinSupreme Court of Missouri · 1850
2 more not listed; retrieve them via the Exa API.