Holman v. Pinto Creek Mining & Smelting Co.

• Decision Date: 09 November 1903
• Citation: Holman v. Pinto Creek Mining & Smelting Co., 76 S.W. 1109, 102 Mo. App. 423 (Kan. App. 1903)
• Parties: STELLA C. HOLMAN, by Next Friend, Respondent, v. THE PINTO CREEK MINING & SMELTING COMPANY, Appellant
• Court: Kansas Court of Appeals

76 S.W. 1109

102 Mo.App. 423

STELLA C. HOLMAN, by Next Friend, Respondent, v. THE PINTO CREEK MINING & SMELTING COMPANY, Appellant

Court of Appeals of Missouri, Kansas City

November 9, 1903

Appeal from Buchanan Circuit Court.--Hon. W. K. James, Judge.

AFFIRMED.

Judgment affirmed.

Grant S. Watkins and A. S. Dickson for appellant.

(1) The cause should be reversed because there is no evidence in the case, upon which to base a verdict, and the judgment was rendered outside of the issues framed by the pleadings and supported by the evidence, is improper, and should be reversed. Smith v. St. Louis Transit Co., 92 Mo.App 41. (2) The verdict is manifestly against the law and the evidence, and the verdict should be reversed. Roman v Boston Trading Co., 87 Mo.App. 183. (3) The court erred in overruling the general demurrer to the evidence offered by the defendant at the close of plaintiff's case, because there was no evidence on which to base a verdict against the defendant. Baustian v. Young, 152 Mo. 317.

G. O Holman for respondent.

OPINION

ELLISON, J.

This action is for personal services and was begun before a justice of the peace and was taken to the circuit court on appeal where plaintiff had judgment for forty dollars.

The best we can gather from a meager and imperfect record is that plaintiff bases her right to the judgment in her favor on the ground that she did work for defendant as a stenographer which was accepted by defendant and for which she has never been paid. The defense does not deny the performance of the work but contends that it was to be done gratuitously and that her father agreed that it should be.

The record brought here by defendant leaves much to conjecture and the plaintiff has not filed anything to help the matter. We do not find anything in the record which would justify us in...