Shinnabarger v. Shelton
Missouri Court of Appeals
Appeal from, the Nodaway Circuit Court. — Hon. Cyrus A. Anthony, Judge. (1) The court committed error in giving instruction number 1, in behalf of plaintiff.
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Appeal from, the Nodaway Circuit Court. — Hon. Cyrus A. Anthony, Judge. (1) The court committed error in giving instruction number 1, in behalf of plaintiff. A general instruction intended to cover the whole law of the case should conform to the issues and be in harmony with the theory on which plaintiff seeks to recover, as' contained in his petition, and- should ‘omit no essential element to such recovery; that is, the issues cannot be changed from those made by the pleadings, nor ignored in such instruction. Moffit v. Conklin, 35 Mo. 453; Bank v. Armstrong, 62 Mo. 59, loe. cit. 65, 66 ;…
1Opinion of the CourtSmith, P. J.
This is a suit brought by plaintiff against defendants in the circuit court of Nodaway county to recover damages for fraud. The petition alleged that plaintiff and his parents were the owners of the equity of redemption in one hundred and sixty acres of land in Nodaway county in this state of the value of two thousand dollars; that the defendant Lane had, under the act of congress to encourage the growth of timber on the western prairies, entered one *154hundred and sixty acres of land in Lincoln county in the state of Nebraska, and was then in the possession thereof, perfecting his title thereto…
2Cases cited13 opinions
- Miller v. . BarberNew York Court of Appeals · 1876
- Jarrett v. MortonSupreme Court of Missouri · 1869
- Dulaney v. RogersSupreme Court of Missouri · 1876
- Parker v. MarquisSupreme Court of Missouri · 1876
- Nauman v. OberleSupreme Court of Missouri · 1886
8 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Kendrick v. RyusSupreme Court of Missouri · 1910
- Modlin v. Roanoke Railroad & Navigation Co.Supreme Court of North Carolina · 1907
- Hilderbrand v. AndersonMissouri Court of Appeals · 1954
- State ex rel. Dutcher v. SheltonSupreme Court of Missouri · 1913
- Leicher v. KeeneyMissouri Court of Appeals · 1903
7 more not listed; retrieve them via the Exa API.