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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.
Document Info
Citation Numbers: 34 Mo. 98
Judges: Bates, Bay, Dryden
Filed Date: 3/15/1863
Precedential Status: Precedential
Modified Date: 9/9/2022