Hull v. Cooper
Missouri Court of Appeals
Appeal from the Stoddard County Circuit Court.— Hon. John G. Wear, Judge. Under the pleadings and evidence in this case the plaintiffs made a prima facie case and were entitled to recover from the defendants the sum of $139.56, unless the prima facie case was overcome by a preponderance of the testimony. Murphey v. Murphey, 15 Mo. App. 600 ; Sappington v. Railroad, 14 Mo.
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Appeal from the Stoddard County Circuit Court.— Hon. John G. Wear, Judge. Under the pleadings and evidence in this case the plaintiffs made a prima facie case and were entitled to recover from the defendants the sum of $139.56, unless the prima facie case was overcome by a preponderance of the testimony. Murphey v. Murphey, 15 Mo. App. 600 ; Sappington v. Railroad, 14 Mo. App. 86. The burden of proving any fact lies upon the party who substantially holds the affirmative of the issue. Greenl. Ev. [14 Ed. ] sec. 74; Stephenson v. Murray, 29 111. 532 ; McClure v. Purcell, 6 Ind. 330. The…
1Opinion of the CourtBiggs, J.
This is an action for money. The principal amount sued for was two hundred and fifty dollars for sinking a well (two hundred feet deep), at the defendants’ mill, in the town of Dexter, in Stoddard county. The action also embraced the value of the “casing” used in the well, which, after adding freight, was the value of sixty-four and seventy-hundredths dollars. The plaintiffs gave the defendants credit for cash paid and merchandise sold amounting to $175.50, leaving balance due the plaintiffs of $139.20. The defendants’ answer, after making a general denial, contained the further statement,…
2Cases cited3 opinions
- Mansur v. BottsSupreme Court of Missouri · 1883
- Plummer v. TrostSupreme Court of Missouri · 1884
- Church v. FaginSupreme Court of Missouri · 1868
3Cited by3 opinions
- Goodman v. Missouri, Kansas & Texas Railway Co.Missouri Court of Appeals · 1897
- Barnett v. SweringenMissouri Court of Appeals · 1898
- Figland v. JonesSouth Dakota Supreme Court · 1917