McKnight-Keaton Grocery Co. v. Hudson
Missouri Court of Appeals
Appeal from Pemiscot Circuit Court. — Eon. Eenry G. Riley, Judge. (1) The giving of said instruction was error because it singles out particular facts and' declares that as a matter of law if such facts are established the jury shall give the verdict accordingly. Copp v. Hardy, 32 Mo. App. 588; Meyer v. Pacific It.
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Appeal from Pemiscot Circuit Court. — Eon. Eenry G. Riley, Judge. (1) The giving of said instruction was error because it singles out particular facts and' declares that as a matter of law if such facts are established the jury shall give the verdict accordingly. Copp v. Hardy, 32 Mo. App. 588; Meyer v. Pacific It. R. Co., 45 Mo. 137; State v. Holmes, 17 Mo. 379; Kendig v. Railroad, 79 Mr. 207. (2) This instruction being in the nature of a comment on the evidence, is improper and should not have been given. Rose v. Spies, 44 Mo. 20. (3) The court by giving this instruction selected certain…
1Opinion of the CourtBland, P. J.
The plaintiff, on August 28, 1903, brought suit by attachment against Lee Hudson and Emery Carte, in the Pemiscot Circuit Court, on an account, for goods sold and delivered to them while they were doing a mercantile business in said county, under the firm name of Hudson & Carte. The writ of attachment, issued in the case, was levied upon a stock of merchandise found in the possession of S. J. Hudson, who, oh October 19, 1903, filed an intérplea, claiming the attached property as his own, to- which plaintiff filed a general denial. At the March term, 1904, of the Pemiscot Circuit Court, the…
2Cases cited7 opinions
- Spohn v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1885
- Meyer v. Pacific RailroadSupreme Court of Missouri · 1867
- Steinwender v. CreathMissouri Court of Appeals · 1891
- First National Bank v. CurrieSupreme Court of Missouri · 1869
- Meyer v. Pacific RailroadSupreme Court of Missouri · 1869
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3Cited by2 opinions
- Gutierrez v. Montosa Sheep Co.New Mexico Supreme Court · 1919
- McKnight-Keaton Grocery Co. v. Hudson & CarteMissouri Court of Appeals · 1910