Legal Opinion

Hughes v. Ellison

Supreme Court of Missouri

Decided May 15, 1838PublishedCited by 3 opinions

The plaintiff in error insists that the court erred: 1. In permitting defendant’s testimony to go to the jury — 1 Starkie’s Evidence, 165. 2. In instructing the jury to find for the defendants— Mora v. Carter, 3 J. R. 271; Michol v. Munford, 4 J. R. 529; Brooks v. Marbury, 11 Wheaton. 78, 232.; Kuden-berge v. White, 1 J. C. 156; Conard v. Atlantic Insurance Co. 1 Peter’s 449; Brooks v. Marbury, 78, 225, 235, 11 Wheaton.

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The plaintiff in error insists that the court erred: 1. In permitting defendant’s testimony to go to the jury — 1 Starkie’s Evidence, 165. 2. In instructing the jury to find for the defendants— Mora v. Carter, 3 J. R. 271; Michol v. Munford, 4 J. R. 529; Brooks v. Marbury, 11 Wheaton. 78, 232.; Kuden-berge v. White, 1 J. C. 156; Conard v. Atlantic Insurance Co. 1 Peter’s 449; Brooks v. Marbury, 78, 225, 235, 11 Wheaton. The appellant moved the court to grant a new trial, which motion was overruled; to all which opinions of the court the appellant excepted. The question for the decision of the…

1Opinion of the CourtMcGirk, Judge

This case was an attachment commenced before a justice of the peace of Cooper county, by Ellison against *112one Dobyns. Hughes interpleaded, and became thereby a party. Judgment was rendered against him; and he appealed to the circuit court,, where judgment was rendered against him; and he appeals to this- court. It appears from the record that issues were made between the parties, and a jury trial was had, and a verdict and judgment were found against Hughes. He then- moved for a new trial, and in arrest of judgment, both of which motions were overruled'. As to the arrest of judgment, we do not…

2Cited by3 opinions

  1. Floersh v. Bank of MissouriSupreme Court of Missouri · 1847
  2. Cawthorn v. MuldrowSupreme Court of Missouri · 1844
  3. Tracy v. Union Iron WorksMissouri Court of Appeals · 1888

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