Vallé v. North Missouri Railroad
Supreme Court of Missouri
Appeal from St. Louis Cowt of Common Pleas. I.The paper purporting to be a copy of a written submission and award was not competent and admissible evidence, and should have been excluded for the following reasons: 1. The absence of the original, as best evidence, was not accounted for, and no foundation was laid for the introduction of a copy as.secondary evidence. 2. No proof was made of the execution of the original by the parties (2 Greenl.
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Appeal from St. Louis Cowt of Common Pleas. I.The paper purporting to be a copy of a written submission and award was not competent and admissible evidence, and should have been excluded for the following reasons: 1. The absence of the original, as best evidence, was not accounted for, and no foundation was laid for the introduction of a copy as.secondary evidence. 2. No proof was made of the execution of the original by the parties (2 Greenl. Ev. §§ 71, 74) ; the signatures of the parties must be proved. The execution was not admitted as not being denied under oath in the answer, for the…
1Opinion of the CourtLovelace, Judge
This is an action brought by the plaintiff to recover the amount of an award made in his favor against the defendant on account of constructing the railroad over certain lauds claimed by the plaintiff. The court below gave judgment for the plaintiff, tgjreverse which the case comes here by appeal. Several grounds are assigned for error in the court below, but they all resolve themselves into three: 1. The arbitrators were not sworn; 2. Improper evidence was admitted on the part of the plaintiff; and, 3. A mistake of a material fact by the arbitrators in making their award.
I. It is urged that…
2Cases cited3 opinions
- Bloomer v. ShermanNew York Court of Chancery · 1836
- Bridgman v. BridgmanSupreme Court of Missouri · 1856
- Cope v. GilbertNew York Supreme Court · 1847
3Cited by8 opinions
- Tucker v. AllenSupreme Court of Missouri · 1871
- Shelbina Hotel Ass'n v. ParkerSupreme Court of Missouri · 1874
- Beall v. Board of TradeMissouri Court of Appeals · 1912
- Squires v. AndersonSupreme Court of Missouri · 1873
- Fernandes Grain Co. v. HunterMissouri Court of Appeals · 1925
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