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29 Mo. 470

Ridens v. Ridens

Supreme Court of Missouri

Decided January 15, 1860

Supreme Court of Missouri · decided 1860-01-15

<p>1. If there be any evidence introduced tending to prove a fact relied upon by a party to a suit, it is error to refuse instructions putting that fact to the jury.</p>

Cited by 1 later decisions — most recently July 1892

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1860-01-15

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NaptoN, Judge,

¶1delivered the opinion of the court.

¶2The record in this case shows the refusal of the court of all the-instructions asked by the, defendant based upon the hypothesis of a special contract between plaintiff and defendant. There was evidence of such a contract sufficient to justify the court to put the case to the jury on that ground, and let them pass upon the question. As the court refused to do thiá, the judgment must be .reversed and the case remanded.

Judge Ewing was of counsel and did not sit. Judge Scott concurs.
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