Rose v. Spies
Supreme Court of Missouri
Appeal from St. Louis Circuit Court. The facts appear in the opinion of the court. The first instruction given by the court, marked No. 1, amounted to a comment upon the evidence, and that of the most dangerous character. It virtually told the jury that they were not bound to decide according to the evidence in the cause, but might decide from all the circumstances of the case.
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Appeal from St. Louis Circuit Court. The facts appear in the opinion of the court. The first instruction given by the court, marked No. 1, amounted to a comment upon the evidence, and that of the most dangerous character. It virtually told the jury that they were not bound to decide according to the evidence in the cause, but might decide from all the circumstances of the case. This was nothing less than a commentary upon the evidence, and such a commentary as was calculated to destroy its force in the minds of the jury. This court has often decided that such instructions are erroneous.…
1Opinion of the CourtWagner, Judge
The appellant, who is an attorney-at-law, was employed by one Eliza Roessler to commence and prosecute a suit in hex-behalf for damages against Joseph Stehle. It appears that Stehle had contracted marriage with Miss Roessler, and, at the time the marriage was solemnized, he had a wife living. As soon as this fact came to the knowledge of Miss Roessler, she procured a sentence of nullity, and then instituted proceedings against him to recover damages for the injuries she had sustained in consequexxce of his wrongful act. The appellant, as her attorney, prosecuted the suit and recovered a…
2Cited by13 opinions
- Louisville, New Albany & Chicago Railway Co. v. WallaceIllinois Supreme Court · 1891
- Hull v. City of St. LouisSupreme Court of Missouri · 1897
- Bentley, Hatfield & Bentley v. BrownSupreme Court of Kansas · 1887
- Cosgrove v. LeonardSupreme Court of Missouri · 1896
- State v. JordanSupreme Court of Missouri · 1924
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