Copp v. Hardy
Missouri Court of Appeals
Error to Cooper Circuit Court. — Hon. E. L. Edwards, Judge. The case is stated in the opinion. (1) The court erred in giving instruction numbered two, asked by plaintiff, (a) It singles out evidence from the mass of testimony and instructs the jury as to what conclusions follow, which is error. Pourcelly v. Lewis, 8 Mo.
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Error to Cooper Circuit Court. — Hon. E. L. Edwards, Judge. The case is stated in the opinion. (1) The court erred in giving instruction numbered two, asked by plaintiff, (a) It singles out evidence from the mass of testimony and instructs the jury as to what conclusions follow, which is error. Pourcelly v. Lewis, 8 Mo. App. 593 ; Kendig v. Railroad, 79 Mo. 207. (b) It singles put particular facts, elements of proof bearing on the question of plaintiff’s right to recover, and told the jury that neither of those facts would prevent a recovery in this case. It was for the jury to respond to the…
1Opinion of the CourtEllison, P. J.
— This was a proceeding commenced
by the plaintiff in the probate court of Moniteau county,'Missouri, against the estate of Keziah Reimel, deceased, on the following account filed for probate: “ Boonville, Mo., January 20, 1887. James Hardy, administrator of the estate of Kizzy Reimel, deceased, Dr. To Michael Copp, — To support, maintenance, care, nursing and board of Kizzy Reimel, deceased, from Nov. 29, 1882, up to the time of her death, which was Feb. 2, 1884, being 430 days, at $2.50, $1,075.00; to cash paid out for her, $52.00 ; by cash received of T. H. Winterbower, $20.00 ; to balance…
2Cases cited4 opinions
- State v. SmithSupreme Court of Missouri · 1873
- Jones v. JonesSupreme Court of Missouri · 1874
- Chambers' Administrator v. Smith's AdministratorSupreme Court of Missouri · 1860
- Olmsted v. HoytSupreme Court of Connecticut · 1836
3Cited by5 opinions
- Matlock v. WheelerOregon Supreme Court · 1896
- Brock v. CoxMissouri Court of Appeals · 1889
- McCormack v. HendersonMissouri Court of Appeals · 1903
- Lawrence v. BaileyMissouri Court of Appeals · 1900
- Mitchell v. City of PlattsburgMissouri Court of Appeals · 1889