Supreme Court of Missouri, 1863

Williams v. Watson

Supreme Court of Missouri · Decided March 15, 1863 · Bates, Bay, Dryden

34 Mo. 95

Cases that cite this one

3 later published cases cite this decision.

Nelson v. Evans (Mo. 1936)
Sheehan v. Terminal Railroad Assn. (Mo. 1935)
Thompson Lumber Co. v. Interstate Commerce Commission (U.S. Commerce Court 1912)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Bates, Judge,

delivered the opinion of the court.

1. There was no error in permitting the defendants to file *98an affidavit and recognizance in the appellate court. (R. O. 1855, p. 973, § 7, and p. 975, § 17.) And after they were filed the motions to dismiss the appeal were properly overruled.

2. The instruction given for the defendants was palpably wrong. Even in a criminal case there must be a reasonable doubt to acquit the defendant, and the principle has no application to a civil case.

Judgment reversed and cause remanded.

Judges Bay and Dryden concur.

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