Rodefeld v. Winklemann
Rodefeld v. Winklemann
Opinion of the Court
(after stating the facts).— I. .Plaintiff first assigns as error the action of the trial court in refusing to give certain declarations of law. But we find that the declarations of law asked by plaintiff were fourteen in number and covered, when printed, fourteen and one-half closely printed pages. With the issues as simple as they were in this case, these declarations of law were well rejected on the ground of their enormous bulk alone. The practice of offering an excessive number of instructions has often been condemned when the trial was to the -jury, and we see no reason for not extending such condemnation to a like practice in this trial before the court. Declarations of law are to be offered for no other purpose than to elicit from the trial court the theory on which it has tried and will decide the case'. Offering a large number of instructions, drawing numerous fine distinctions, where the issues are few and simple, does not serve that purpose, but rather serves to entrap the trial court into error and to make it difficult for the appellate court to ascertain the views of the trial court. This assignment of error is overruled.
II. As to whether the. plaintiff filed his lien within four months after the indebtedness accrued, the trial court evidently found that he did not and we are concluded by that finding, unless it is opposed to the admitted facts. [Hayden Slate Co. v. Anderson, 76 Mo. App. 281, 284.] The only fact in that regard that may be said to be •admitted is that on January 17, 1906, the front of the bnilding was washed down at plaintiff’s instance and that the owner saw the work being done.
The judgment is. affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.