Lloyd v. Meservey

• Decision Date: 02 March 1908
• Citation: 108 S.W. 595,129 Mo. App. 636
• Parties: LLOYD et al. v. MESERVEY et al.
• Court: Missouri Court of Appeals

108 S.W. 595

129 Mo. App. 636

LLOYD et al. v. MESERVEY et al.

Kansas City Court of Appeals. Missouri.

March 2, 1908.

1. TRIAL—INSTRUCTIONS—WITNESSES — CREDIBILITY —PARTIAL FALSITY OF TESTIMONY.

An instruction "that, if you believe any witness has knowingly testified falsely regarding any fact concerning this case, you are at liberty to regard his whole testimony as false," is erroneous, because it does not limit the false testimony to any material fact in the case.

2. SAME—DISCRETION OF COURT.

The propriety or necessity of giving an instruction as to the effect of a false statement by a witness on his entire testimony is largely in the discretion of the trial court.

3. JUSTICES OF THE PEACE — PROCEDURE IN CIVIL CASES—PLEADING—STATEMENT.

In an action before a justice of the peace, a statement that defendants were plaintiffs' attorneys, and that plaintiffs delivered to them a deed to certain real estate, with directions to deliver it to a third person in settlement of a compromise agreement between plaintiffs and

such person, upon the latter paying $50 as per terms of the compromise; that defendants delivered the deed and received the $50, which sum is due plaintiffs, less $10 as a fee to defendants; that they have demanded the sum of $40 from defendants; and that they did not pay it—is a sufficient statement of plaintiffs' cause of action.

Appeal from Circuit Court, Jackson County; H. L. McCune, Judge.

Action by Mary Lloyd and others against E. C. Meservey and others. Judgment for plaintiffs, and defendants appeal. Reversed and remanded.

Cameron L. Orr, for appellants. Thos. H. and Verne D. Edwards, for respondents.

ELLISON, J.

This action was brought against defendants before a justice of the peace for the sum of $40. On appeal to the circuit court, plaintiffs had judgment. The written statement before the justice setting forth plaintiff's cause of action was that defendants were plaintiff's attorneys; that plaintiffs delivered to them a deed to certain real estate, with directions to deliver it to Walcott Calkins in settlement of a compromise agreement between plaintiffs and Calkins, upon the latter paying $50 as per the terms of the compromise; that defendant did deliver the deed to Calkins and receive from him the $50, which sum is due plaintiffs, less $10 as a fee to defendants; that they have demanded the sum of $40 from defendants; and that they did not pay it.

On the trial of the cause the trial court gave the following...