Gabbert v. Evans
Missouri Court of Appeals
Appeal from Jasper County Circuit Court, Division Number Two. — Hon. D. E. Blair, Judge. (1) Tbe court alone must say wbat is and wbat is not negligence. Tbe facts were admitted. There was nothing relating to tbe defense of negligence to be submitted to tbe jury. Tarwater v. Railroad, 42 Mo. 193; Vickers v. Same, 42 Mo. 198; Yarnell v. Railroad, 75 Mo. 575. (2) Tbe affidavit for an appeal was sufficient. It followed tbe statute in haec verba.
Read the full summary
Appeal from Jasper County Circuit Court, Division Number Two. — Hon. D. E. Blair, Judge. (1) Tbe court alone must say wbat is and wbat is not negligence. Tbe facts were admitted. There was nothing relating to tbe defense of negligence to be submitted to tbe jury. Tarwater v. Railroad, 42 Mo. 193; Vickers v. Same, 42 Mo. 198; Yarnell v. Railroad, 75 Mo. 575. (2) Tbe affidavit for an appeal was sufficient. It followed tbe statute in haec verba. There was surplusage in tbe unnecessary preamble to tbe affidavit, but that did not restrict tbe meaning of tbe affidavit itself. R. S. 1909, sec. 2040.…
1Opinion of the CourtSturgis, J.
In this case the defendant is resisting the payment of an attorney fee and personal expenses, alleged to be due to plaintiffs, a firm of St. Joseph lawyers, in defending a suit originating in the probate court of Atchison county, Missouri. The plaintiffs claim that defendant, who was executrix of the estate of W. W. Hudgens, deceased, employed them to defend a claim for $2000; presented against said estate by J. W. Young, agreeing to pay plaintiffs a fee of $500 and the necessary personal expenses of plaintiffs in attending court, etc., in connection therewith. The answer sets up that…
2Cases cited20 opinions
- Crawford v. Kansas City Stock Yards Co.Supreme Court of Missouri · 1908
- Sellers v. DuganOhio Supreme Court · 1849
- Seefeld v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1887
- Yarnall v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1882
- Babbitt v. BumpusMichigan Supreme Court · 1889
15 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Maryland Casualty Co. v. PriceCourt of Appeals for the Fourth Circuit · 1916
- Lange v. MarshallMissouri Court of Appeals · 1981
- Hampe v. VersenMissouri Court of Appeals · 1930
- Flavan v. CundiffMissouri Court of Appeals · 2002
- Richard H. Underwood v. Hammond C. Woods, Robert I. Adelman, Chester B. Kaplan and G. M. OsgoodCourt of Appeals for the Eighth Circuit · 1969
4 more not listed; retrieve them via the Exa API.