Supreme Court of Missouri, 1863

Merritt v. Given

Merritt v. Given
Supreme Court of Missouri · Decided March 15, 1863 · Bates, Bay, Dryden
34 Mo. 98
Merritt v. Given

Opinion of the Court

Bates, Judge,

delivered the opinion of the court.

The judgment in this case is reversed because the fourth instruction given for the plaintiffs assumed the existence of facts which were the very matters in dispute proper for the consideration of the jury.

Reversed and remanded.

Judges Bay and Dryden concur.

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