Cases Determined in the St. Louis and the Kansas City Courts of Appeals of the State of Missouri, Volume 33

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Page 533 - There must be reasonable evidence of negligence. But, where the thing is shown to be under the management of the defendant or his servants and the accident is such as in the ordinary course of things does not happen if those who have the management use proper care, it affords reasonable evidence, in the absence of explanation by the defendants, that the accident arose from want of care
Page vi - ... must be founded on papers showing clearly that some question decisive of the case, and duly submitted by counsel, has been overlooked by the court...
Page 676 - The rule of law is clear, that where one by his words or conduct wilfully causes another to believe the existence of a certain state of things, and induces him to act on that belief so as to alter his own previous position, the former is concluded from averring against the latter a different state of things as existing at the same time.
Page ix - ... it is designed to supply, and shall be verified by affidavit. At least twenty-four hours' notice shall be given to the adverse party or his attorney, previous to the making of the application.
Page 633 - No mortgage of personal property hereafter made shall be valid against any other person than the parties thereto, unless possession of the mortgaged property be delivered to and retained by the mortgagee, or unless the mortgage be recorded by the clerk of the town where the mortgagor resides.
Page 58 - Court to be insane, the other party shall not be admitted to testify in his own favor ; and where an executor or administrator is a party, the other party shall not be admitted to testify in his own favor, unless the contract in issue was originally made with a person who is living and competent to SECTION II.
Page xi - PRESUMPTION THAT BILL OF EXCEPTIONS CONTAINS ALL THE EVIDENCE. The only purpose of a statement in a bill of exceptions, that it sets out all the evidence in...
Page 598 - ... it must appear by the record of the prior suit that the particular controversy sought to be concluded was necessarily tried and determined...
Page x - ... at the trial in the Court of first instance should be embodied in the bill of exceptions ; but it shall be sufficient, for the purpose of such review. that the bill of exceptions should state that
Page 351 - The test of whether a fact inquired of on cross-examination is collateral, is this: Would the cross-examining party be entitled to prove it as a part of his case tending to establish his plea?

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