Scoggins v. Wilson

Decided January 15, 1850

Supreme Court of Missouri · decided 1850-01-15

Elizabeth W. Scoggin sued Henry B. Roberts, Robert Wilson, Hiram Rich, William Cunningham and Samuel .P. Burnet in trespass, in the Atchison circuit court, for takingand converting to their use, one trunk and its contents, consisting of about 300 dollars. To the declaration, the defendants plead the general issue; The plaintiff then filed a petition for discovery.

Decided 1850-01-15

Ryland, Judge,

¶1delivered the opinion of the court.

¶2From the above statement, it will be apparent that the act of the court *82below, in giving the instruction for the defendants, Rich and Wilson, as appears in the record, is the principal ground of complaint.

¶3The instruction is set forth in the statement of the case, and is in our opinion erroneous. It takes the case from the jury, and means nothing more nor less than a positive direction for the jury to find for the defendants, Rich and Wilson.

¶4Similar instructions have heretofore been declared by this court a sufficient ground for its interference, and wc see no good reason for a departure from our future course.

¶5Let fhe judgment be reversed and cause remanded.