Sturdevant v. Rehard

Decision Date31 May 1875
CitationSturdevant v. Rehard, 60 Mo. 152 (Mo. 1875)
PartiesRICHARD B. STURDEVANT, Respondent, v. MARTIN REHARD, et al., Appellants.
CourtMissouri Supreme Court

Appeal from Caldwell Circuit Court.

Dunn & Johnson, for Appellants.

Hoskinson & McLaughlin, for Respondent.

WAGNER, Judge, delivered the opinion of the court.

This was an action of ejectment. Defendants answered separately. Each answer contained a specific denial of every allegation in the petition, and one of the answers, as an independent defense, set up certain equities, to which a replication was filed. In this state of the pleadings the court held that the burden of proof was cast upon the defendants, and as they introduced no evidence, judgment was given for the plaintiff. As every allegation in the petition was denied in both answers, and as the plaintiff gave no evidence, whatever, to prove his cause, it is...

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10 cases
  • Palmer v. State Highway Com'n
    • United States
    • Missouri Supreme Court
    • March 14, 1934
    ... ... pass upon the merits. Price v. Morrison, 236 S.W ... 297; Krugg v. Bramer, 292 S.W. 702; Sturdevant ... v. Rehard, 60 Mo. 152. (b) The State Highway Commission ... has authority to determine the markings to be placed on state ... highways. Sec ... ...
  • Cavitt v. Tharp
    • United States
    • Missouri Court of Appeals
    • March 27, 1888
    ... ... the allegations in the petition, as in this case, the burden ... is on plaintiff to prove them. Sturdevant v. Rehard, ... 60 Mo. 152 ...          OPINION ...          ROMBAUER, ...          Upon ... the trial of this cause ... ...
  • Palmer v. State Highway Commission
    • United States
    • Missouri Supreme Court
    • March 14, 1934
    ...appeal will examine the entire record and pass upon the merits. Price v. Morrison, 236 S.W. 297; Krugg v. Bramer, 292 S.W. 702; Sturdevant v. Rehard, 60 Mo. 152. (b) The State Highway Commission has authority to determine the markings to be placed on state highways. Sec. 8107, R.S. 1929. (c......
  • State v. Samuels
    • United States
    • Missouri Court of Appeals
    • January 31, 1888
    ...which was the general issue. The defences are not inconsistent. Nelson v. Brodhack, 44 Mo. 596; Rhine v. Montgomery, 50 Mo. 566; Sturdevant v. Rehard, 60 Mo. 152; Ledbetter Ledbetter, 88 Mo. 60; Patrick v. Gas Light Co., 17 Mo.App. 462. This error of itself necessitates a reversal of the ju......
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