Legal Opinion

Moore v. Harmes

Missouri Court of Appeals

Decided February 4, 1907PublishedCited by 6 opinions

Appeal from Benton Circuit Court. — Hon. Charles A. Denton, Judge. (1) The court erred in giving a peremptory instruction at the close of all the evidence, directing the jury to find for the plaintiff in the amount sued for. Dorsey v. Railroad, 83 Mo. App. 528; Steube v. Christopher, 85 Mo. App. 640; Pauck v. Dressed Beef Co., 159 Mo. 467; White v. Dyer, 81 Mo. App. 643; R. S. 1899, sec. 544; Slaughter v. Davenport, 151 Mo. 26; McLaran v. Wilhelm, 50 Mo.

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1Opinion of the CourtEllison, J.

This action was begun before a justice of the peace. On appeal to the circuit court plaintiff prevailed. The action is based on the following statement :

“Plaintiff for cause of action states that defendants owe him the sum of ten dollars for trip to Warsaw, examination and correction of abstract. For which sum of ten dollars the plaintiff prays judgment and for his costs laid out and expended.” This statement we regard as in every way sufficient in an action before a justice of the peace and defendant’s objections thereto were properly overruled.

At the close of the evidence the trial court…

2Cited by6 opinions

Jones v. JonesMissouri Court of Appeals · 1915
Crohn v. Modern Woodmen of AmericaMissouri Court of Appeals · 1910
Letts v. Wabash RailroadMissouri Court of Appeals · 1908
Gorka v. GorkaMissouri Court of Appeals · 1927
Leslie v. TiernanMissouri Court of Appeals · 1913

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