Miller v. Newman

Decision Date31 October 1867
Citation41 Mo. 509
PartiesCHARLES W. MILLER and GEORGIANA MILLER his wife, Respondents, v. SOCRATES NEWMAN, Adm'r of JAMES GRAHAM, deceased, Appellant.
CourtMissouri Supreme Court

Appeal from St. Louis Circuit Court.

A. J. P. Garesche, for appellant.

C. F. Burnes and Glover & Shepley, for respondents.

HOLMES, Judge, delivered the opinion of the court.

This was a demand upon an account for services of the plaintiff's wife before marriage, originally presented for allowance against the estate of James Graham, deceased, and finally tried in the St. Louis Circuit Court upon appeal from the Probate Court of St. Louis county, and the plaintiff recovered judgment for the sum of $1,870. The defendant appeals to this court.

The instructions are not objected to. The only errors complained of refer to the ruling of the court in admitting or excluding testimony. It does not appear to us that there was any material error in this action of the court. The matters excluded or admitted were trivial circumstances, or wholly immaterial. There was no such error as would authorize a reversal of the judgment. Nor are the exceptions of sufficient importance to call for a discussion of them in detail. The merits of the case were determined by the verdict, and cannot be re-examined here.

Judgment affirmed.

The other judges concur.

To continue reading

Request your trial
15 cases
  • The First National Bank of St Charles v. Payne
    • United States
    • Missouri Supreme Court
    • 2 Luglio 1892
  • Knox County v. Brown
    • United States
    • Missouri Supreme Court
    • 10 Febbraio 1891
    ... ... by a preponderance of the evidence. This has not been done in ... this case, and the judgment should be reversed. Bernecker ... v. Miller, 44 Mo. 102-12; Powell v. Tedford, 74 ... Mo. 54; Pomeroy v. Benton, 77 Mo. 64; Priest v ... Way, 87 Mo. 16; Mandal v. Mandal, 28 La. Ann ... McCoy, 1 Mo. 318; State v ... Sullivan, 19 Mo.App. 48; McGirk v. Chauvin, 3 ... Mo. 236; Hunter v. Miller, 36 Mo. 143; Miller v ... Newman, 41 Mo. 509; Dorschlein v. Orth, 32 Mo ... 366; State v. Dorman, 11 Mo. 636; Riney v ... Valandingham, 9 Mo. 819; State v. Rogers, 36 ... Mo ... ...
  • Northrop v. Diggs
    • United States
    • Missouri Court of Appeals
    • 14 Dicembre 1909
    ...not work a reversal when the controlling facts are so fully established as to leave no question of the justice of the verdict. Miller v. Newman, 41 Mo. 509; Von Vilda v. Judy, 143 Mo. 348. (5) Where an erroneous ruling on evidence does not materially affect the merits of the action, the jud......
  • Witty v. Springfield Traction Co.
    • United States
    • Missouri Court of Appeals
    • 6 Febbraio 1911
    ... ... not be reversed. R. S. 1899, sec. 865; R. S. 1909, sec. 2082; ... Orth v. Dorschlein, 32 Mo. 366; Hunter v ... Miller, 36 Mo. 143; Miller v. Newman, 41 Mo ... 509; Nelson v. Foster, 66 Mo. 381; Fairbanks v ... Long, 91 Mo. 628; Fitzgerald v. Barker, 96 Mo ... ...
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT