Category: Court Opinions

TANYA SHEARIN, DEFENDANT-APPELLANT, v. STATE OF MISSOURI, PLAINTIFF-RESPONDENT. No. 65167.Missouri Court of Appeals, Eastern District, Division One. May 24, 1994. APPEAL FROM THE CIRCUIT COURT OF STE. GENEVIEVE COUNTY; HONORABLE KENNETH PRATTE. Rosalynn Koch, Office of the State Public Defender, Columbia, for appellant. Jeremiah W. (Jay) Nixon, Atty. Gen., John R. Watson, Asst. Atty. Gen., […]

STATE OF MISSOURI, PLAINTIFF-RESPONDENT, v. J.L. GOOCH, DEFENDANT-APPELLANT. Nos. 17818, 17840.Missouri Court of Appeals, Southern District, Division Two. June 1, 1992. APPEAL FROM THE CIRCUIT COURT OF LACLEDE COUNTY, JAMES R. MOORE, J. Stephen T. Lada, Asst. Public Defender, Springfield, for defendant-appellant. Brian Keedy, Asst. Pros. Atty., Lebanon, for plaintiff-respondent. SHRUM, Presiding Judge. [1] The […]

73 S.W.2d 195 DAVE WHOLF v. KANSAS CITY, CLAY COUNTY ST. JOSEPH RAILWAY COMPANY, Appellant. Supreme Court of Missouri. June 19, 1934. 1. HUMANITARIAN RULE: Contributory Negligence: PrimaryNegligence. A contributory negligence instruction is prejudicially erroneous in a case submitted to the jury solely upon the humanitarian doctrine. But in a negligence case not submitted solely […]

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, A CORPORATION, AND JOHN E. SHEPARD, JR., PLAINTIFFS-RESPONDENTS, v. MID-CONTINENT CASUALTY COMPANY OF TULSA, OKLAHOMA, A CORPORATION, AND JOHN E. GAZZOLO AND ANNA M. GAZZOLO, DEFENDANTS, MID-CONTINENT CASUALTY COMPANY OF TULSA, OKLAHOMA, A CORPORATION, DEFENDANT-APPELLANT. No. 31599.St. Louis Court of Appeals, Missouri. April 21, 1964. APPEAL FROM THE CIRCUIT […]

RICHARD EUGENE HAMPTON AND DELORIS LEE HAMPTON, PLAINTIFFS-RESPONDENTS, v. SAFEWAY SANITATION SERVICES, INC., DEFENDANT-APPELLANT. No. 51043.Missouri Court of Appeals, Eastern District, Northern Division. January 13, 1987. Motion for Modification or Rehearing Denied March 11, 1987. APPEAL FROM THE CIRCUIT COURT, AUDRAIN COUNTY, EDWARD D. HODGE, J. Walter D. McQuie, Private Atty., Montgomery City, for defendant-appellant. […]

STATE OF MISSOURI EX REL. MARY LOU HAMILTON, PLAINTIFF-RELATOR v. THE HONORABLE DONALD DALTON, JUDGE OF THE CIRCUIT COURT FOR THE COUNTY OF ST. CHARLES, DEFENDANT-RESPONDENT. No. 46853.Missouri Court of Appeals, Eastern District, Division Five. April 26, 1983. Page 238 Thomas M. Kendrick, St. Louis, for plaintiff-relator. Wayne Schoeneberg, St. Charles, for James A. Mussmann. […]

TIMOTHY PURDUE, MOVANT-APPELLANT v. STATE OF MISSOURI, RESPONDENT-RESPONDENT. No. 23084Missouri Court of Appeals, Southern District. February 18, 2000 Motion for Rehearing or Transfer Denied March 10, 2000 Application for Transfer Denied April 25, 2000 APPEAL FROM: CIRCUIT COURT OF GREENE COUNTY, J. MILES SWEENEY. Emmett D. Queener, Columbia, for appellant. Jeremiah W. (Jay) Nixon, Atty. […]

THE STATE OF MISSOURI, AT THE RELATION OF NORMAN H. ANDERSON, PROSECUTING ATTORNEY, RELATOR, v. HONORABLE NOAH WEINSTEIN, JUDGE OF THE CIRCUIT COURT, DIVISION THREE, ST. LOUIS COUNTY, MISSOURI, RESPONDENT. No. 31323.St. Louis Court of Appeals, Missouri. August 6, 1962. Norman H. Anderson, Pros. Atty., Jerald M. Alton and Ernest J. Hilgert, Asst. Pros. Attys., […]

Jeffery Luke MOAD, Respondent, v. DIRECTOR, MISSOURI DEPARTMENT OF REVENUE, Appellant. No. WD70200.Missouri Court of Appeals, Western District. October 27, 2009. Appeal from the Circuit Court of Cole County, Thomas L. Sodergren, Judge. James A. Chenault, III, Esq., Jefferson City, MO, for appellant. Douglas W. Hennon, Esq., Jefferson City, MO, for respondent. Before: DIVISION ONE: […]

LARRY DURFEY, APPELLANT, v. MISSOURI PACIFIC RAILROAD COMPANY, RESPONDENT. No. WD 34205.Missouri Court of Appeals, Western District. April 16, 1985. APPEAL FROM THE CIRCUIT COURT, BUCHANAN COUNTY, FRED E. SCHOENLAUB, J. Larry E. Scott, Brown, Douglas Brown, St. Joseph, for appellant. Page 820 Charles S. Wilcox, Wilcox, Houts Douglass, St. Joseph, for respondent. Before TURNAGE, […]

STATE of Missouri, Respondent, v. Christopher Joseph SPELLS, Appellant. No. WD 62768.Missouri Court of Appeals, Western District. December 21, 2004. Motion for Rehearing and/or Transfer to Supreme Court Denied February 1, 2005. Application for Transfer Denied April 5, 2005. Appeal from Circuit Court of Lafayette County; Dennis Allen Rolf, Judge. Page 725 Craig Allan Johnston, […]

91 S.W.2d 127 IN THE MATTER OF HODIAMONT BANK, MEREDITH C. JONES, SPECIAL DEPUTY COMMISSIONER OF FINANCE, IN CHARGE, APPELLANT, v. ST. ROSE’S CHURCH, CLAIMANT, RESPONDENT. St. Louis Court of Appeals. Opinion filed March 3, 1936. Appellant’s motion for rehearing overruled March 20, 1936. 1. — Banks. The filing of amended affidavit by claimant omitting […]

STATE v. TEBBE ET AL. No. 21772.Kansas City Court of Appeals, Missouri. May 5, 1952. APPEAL FROM THE CLAY COUNTY CIRCUIT COURT, CLAY COUNTY, JAMES S. ROONEY, J. Page 173 J.K. Owens, Kansas City, Lawson, Hale Coleberd, Arthur R. Kincaid, Liberty, for appellants. Robert G. Kirkland, S. Preston Williams, North Kansas City, William E. Turnage, […]

STATE OF MISSOURI, Respondent, v. THOMAS L. WAHL, Appellant. No. ED 79631Missouri Court of Appeals, Eastern District, Division Five. April 16, 2002 Motion for Rehearing and/or Transfer to Supreme Court Denied May 28, 2002 Case Transferred to Supreme Court August 27, 2002 Case Retransferred to Court of Appeals November 26, 2002 Original Opinion Reinstated December […]

DANIEL SCHMITT COMPANY, INC., Appellant, v. FASTRANS LOGISTICS, INC., et al., Respondent. No. ED 78759Missouri Court of Appeals, Eastern District, Division Three. October 16, 2001 [EDITORS’ NOTE: THIS OPINION IS SUBJECT TO MODIFICATION OR TRANSFER TO THE SUPREME COURT.] Appeal from the Circuit Court of St. Louis County, Hon. Colleen Dolan. Michael B. Stern, 7777 […]

RAKESH N. PATEL, Petitioner/Appellant, v. DIRECTOR OF REVENUE for the STATE OF MISSOURI, Respondent/Respondent. No. ED 82400Missouri Court of Appeals, Eastern District, Division Two. January 6, 2004 [EDITORS’ NOTE: THIS OPINION IS SUBJECT TO MODIFICATION OR TRANSFER TO THE SUPREME COURT.] Appeal from the Circuit Court of St. Louis County, Honorable Carroll M. Blackwell, Judge. […]

Julius MARTIN, Appellant, v. STATE of Missouri, Respondent. No. ED 85959.Missouri Court of Appeals, Eastern District. March 28, 2006. Appeal from the Circuit Court, City of St. Louis, Robert H. Dierker, Jr., J. Page 336 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] […]

RALPH TERRELL, APPELLANT, v. MISSOURI-KANSAS-TEXAS RAILROAD COMPANY, RESPONDENT. No. 46906.Supreme Court of Missouri, Division No. 2. July 13, 1959. Motion for Rehearing or to Transfer to Court en Banc Denied September 14, 1959. APPEAL FROM THE CIRCUIT COURT OF THE CITY OF ST. LOUIS, ROBERT L. ARONSON, J. Page 231 R. Shad Bennett, Philip A. […]

BESSLE DALY ET AL., PLAINTIFFS-APPELLANTS, v. KANSAS CITY, MISSOURI, A MUNICIPAL CORPORATION, ET AL., DEFENDANTS-RESPONDENTS. No. 46486.Supreme Court of Missouri, Division No. 1. October 13, 1958. Rehearing Denied November 10, 1958. APPEAL FROM THE CIRCUIT COURT, JACKSON COUNTY, JOHN R. JAMES, J. Page 361 Ernest D. Martin and Jay L. Oldham, Kansas City, for appellants. […]

C.J.W., Movant/Appellant, v. STATE of Missouri, Respondent/Respondent. No. ED94383.Missouri Court of Appeals, Eastern District. February 22, 2011. [EDITORS’ NOTE: THIS OPINION IS SUBJECT TO MODIFICATION OR TRANSFER TO THE SUPREME COURT.] Appeal from the Circuit Court of Cape Girardeau County; William J. Syler, Judge. Lisa M. Stroup, St. Louis, MO, for appellant. Chris Koster, Attorney […]