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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Wood v. Gabler, 70 S.W.2d 110 (1934)

Citation
Wood v. Gabler, 70 S.W.2d 110 (1934)
Parent Document
Wood v. Gabler, 70 S.W.2d 110 (1934)
Jurisdiction
Missouri (state)
Effective Date
1934-04-03

Full Text

655 chars
On a trial of the ease the defendant requested the right to open and close, which request was denied him by the trial court. Thereupon plaintiff was sworn and during the cross-examination of the plaintiff the court sustained an oral demurrer- to the defendant’s counterclaim and a motion to strike from the defendant’s amended answer the' defense of constructive eviction, leaving the defendant standing for trial upon his general denial alone. At'the conclusion of plaintiff’s, own testimony the court peremptorily instructed the jury to find in favor of plaintiff on both counts in his petition. From the resulting- judgment the defendant appeals. *1191