Gould v. St. John
Supreme Court of Missouri
Appeal from Morgan Circuit Court. — Hon. Jas. E. Has ell, Judge. (1) The evidence must be, under a demurrer, most favorably considered to the plaintiff and the testimony on the part of the plaintiff should be taken as true, and every reasonable inference therefrom in plaintiff’s favor should be made. Schermerhorn Bros. v. Herold, 81 Mo. App. 461; Dorsey v. Railroad, 83 Mo. App. 528; Steube v. Chritopher, 85' Mo.
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Appeal from Morgan Circuit Court. — Hon. Jas. E. Has ell, Judge. (1) The evidence must be, under a demurrer, most favorably considered to the plaintiff and the testimony on the part of the plaintiff should be taken as true, and every reasonable inference therefrom in plaintiff’s favor should be made. Schermerhorn Bros. v. Herold, 81 Mo. App. 461; Dorsey v. Railroad, 83 Mo. App. 528; Steube v. Chritopher, 85' Mo. App: 640; Pauck v. St. Louis Dress Beef Co., 150' Mo. 467. The court was right when it overruled this demurrer at the time of the trial, aud was wrong when it had a change of heart…
1Opinion of the CourtBurgess', J.
— This is an appeal from an order of the circuit court of Morgan county setting aside a verdict for $5,654.50 in favor of the plaintiff, and granting a new trial to defendants, the reasons given by the court for sustaining the motion for a new trial being specifically stated as follows:
‘ ‘ First. Because the court erred in overruling the demurrer to the evidence offered by defendants at the close of plaintiff’s case.
“Second. Because the court erred in overruling the demurrer to the evidence offered by defendants at the conclusion of the case.
“Third. Because the verdict is against the weight…
2Cases cited9 opinions
- First National Bank v. WoodSupreme Court of Missouri · 1894
- Iron Mountain Bank v. ArmstrongSupreme Court of Missouri · 1887
- Reid v. Piedmont & Arlington Life InsuranceSupreme Court of Missouri · 1874
- Millar v. Madison Car Co.Supreme Court of Missouri · 1895
- Cook v. St. Louis & Keokuk RailroadSupreme Court of Missouri · 1874
4 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Johnson v. GraysonSupreme Court of Missouri · 1910
- State ex rel. Atchison, Topeka & Santa Fe Railway Co. v. EllisonSupreme Court of Missouri · 1916
- Devine v. City of St. LouisSupreme Court of Missouri · 1914
- Cornell v. Mutual Life InsuranceMissouri Court of Appeals · 1914
- Richter v. United Railways Co.Missouri Court of Appeals · 1910
5 more not listed; retrieve them via the Exa API.