Chambers v. McGiveron
| Decision Date | 31 October 1862 |
| Citation | 33 Mo. 202 |
| Parties | CHARLES CHAMBERS et al., Plaintiffs in Error, v. WILLIAM MCGIVERON, &c., Defendants in Error. |
| Court | Missouri Supreme Court |
Error to St. Louis Land Court.
Glover and Wickham, for plaintiffs.
McDonald, for defendants.
This is an action of ejectment for the recovery of a tract of land in the county of St. Louis. The plaintiffs gave evidence tending to prove legal paper title in themselves. The defendants gave evidence tending to prove title by length of possession, under the acts of limitation.
The court instructed the jury, that, “under the evidence in this case, the jury should find for the defendants.” This instruction, under the circumstances, was evidently improper, as the court thereby usurped the whole province of the jury.
The plaintiffs asked seven instructions, which were refused; but we do not think it necessary to examine them, as they may not be applicable to the case which may be made upon a new trial, and because they involve only questions which we think are made sufficiently clear by decisions already rendered by this court.
Judgment reversed and cause remanded.
To continue reading
Request your trial
-
Devlin v. Wabash, St. Louis & Pacific Ry. Co.
...It is only in a case, where there is no evidence that such an instruction can be sustained. Routsong v. Ry., 45 Mo. 236; Chambers v. McGovern, 33 Mo. 202; McKown v. Craig, 39 Mo. 156; McFarland v. Bellows, 49 Mo. 311. (2) The question of defendant's negligence and the contributive negligenc......
-
Liddy v. St. Louis R.R. Co.
...the functions of the jury if it had given either of them-- Huelsenkamp v. Citizens' Railw. Co., 34 Mo. 45, and 37 Mo. 537; 19 Conn. 566; 33 Mo. 202; 6 Mo. 64; 10 Allen, 535; Meyer v. Pacific R. R., ante 153. The law was properly and fully declared in the instruction given, and it was not er......
-
Ettlinger v. Kahn
... ... or not the beneficiaries therein named as preferred creditors ... knew of and participated in the fraud. Chambers v ... McGiveron, 33 Mo. 202; McKown v. Craig, 39 Mo ... 156; Deere v. Pilant, 42 Mo. 60; Wood v. Ins ... Co., 50 Mo. 112; Grady v. Ins. Co., 60 ... ...
-
Benton v. Klein
...in taking the case away from the jury when there was evidence introduced. (16 Mo. 502, 496; 18 Mo. 170; 19 Mo. 451; id. 84; 27 Mo. 55; 33 Mo. 202; 34 Mo. 98; id. 147; id. 461; 5 Mo. 110; 6 Mo. 73.) II. If the parties, payee and maker, orally agreed that the doing of a certain act by the def......