Legal Opinion

Douglass v. Cissna

Missouri Court of Appeals

Decided March 23, 1885PublishedCited by 13 opinions

Appeal from Nodaway Circuit Court, Hon. H. S. Kelley, Judge. Motion for rehearing denied. Statement of case by the court. This is an action of attachment.

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Appeal from Nodaway Circuit Court, Hon. H. S. Kelley, Judge. Motion for rehearing denied. Statement of case by the court. This is an action of attachment. The affidavit for the writ is as follows : “This.affiant states that the plaintiffs in the above entitled cause have a just demand against the defendant herein, all past due, except $55.10, and that the amount which this affiant believes the plaintiffs ought to recover, after allowing all just credits and set-offs, is two hundred and eighty-five dollars and nineteen cents, and that this affiant has good reason to believe, and does believe,…

1Opinion of the Court

Opinion by

Philips, P. J.

In this case the plaintiffs asked twenty instructions, of which the court gave eight. The court also gave twelve instructions on behalf of defendant. We are asked in this case to review all those refused and those given. The habit of counsel in thus multiplying instructions, has time and again been animadverted upon and censured by the supreme court. But instead of curing the evil practice, it seems to be on the increase. If the court decline to accept the pressing invitation of counsel to look carefully and minutely through such a labyrinth of propositions to…

2Cases cited12 opinions

  1. Thurber v. . BlanckNew York Court of Appeals · 1872
  2. Norton v. KearneyWisconsin Supreme Court · 1860
  3. Reed v. PelletierSupreme Court of Missouri · 1859
  4. Hardcastle v. FisherSupreme Court of Missouri · 1856
  5. State ex rel. Holliday v. BenoistSupreme Court of Missouri · 1866

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

3Cited by13 opinions

  1. Barton v. SitlingtonSupreme Court of Missouri · 1895
  2. J.C. Jones & Co. v. DoughtyMissouri Court of Appeals · 1988
  3. Noyes, Norman & Co. v. CunninghamMissouri Court of Appeals · 1892
  4. Smith & Keating Implement Co. v. ThurmanMissouri Court of Appeals · 1888
  5. Cooper v. StandleyMissouri Court of Appeals · 1890

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

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