purview rule (Missouri) · Go Syfert
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purview rule in Missouri

16 Missouri opinions name it 2 courts 1881–2022 1 in the last five years

The cases below were cited by Missouri courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (3)

CaseFollowedCited
Richard E. Ivie, Jimmie R. Ivie, LaDonna Small, and Bernard Ivie v. Arnold L. Smith and Sidney B. Smithgreen
mo · 2014 · cited in 1 Missouri opinions naming this issue, 2022–2022
1 sentence

2022See Ivie, 439 S.W.3d at 198-99 (circuit court judgment will be affirmed on appeal unless there is no substantial evidence to support the judgment, the 2 judgment is against the weight of the evidence, or the judgment erroneously declares or applies the law).

11
Nance v. State Tax Commissiongreen
moctapp · 2000 · cited in 1 Missouri opinions naming this issue, 2011–2011
1 sentence

2011Nance v. State Tax Comm’n of Mo., 18 S.W.3d 611, 615 (Mo.App.

11
Schmidt v. Paulgreen
moctapp · 1977 · cited in 1 Missouri opinions naming this issue, 1980–1980
1 sentence

1980In Schmidt v. Paul, 554 S.W.2d 496, 499 (Mo.App.1977), a case involving damages occasioned by a temporary nuisance, the following principle contained in McCracken v. Swift & Co., 265 S.W. 91 , 92 (Mo.1924), was quoted with approval and held to be applicable: “ ‘A plaintiff who occupies a home is not limited to the recovery of the diminished rental value of it, but may be compensated for any actual inconvenience and physical discomfort which materially affected the comfortable and healthful enjoyment and occupancy of his home, as well as for any actual injury to his health or property caused by

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Missouri. Read the followed side critically anyway.

Also cited on this issue (20)

CaseCitedYears
Drury Chesterfield, Inc. v. Muehlheausler green
moctapp · 2011
1 sentence

2020"It is within the purview of the hearing officer to determine the method of valuation to be adopted in a given case." Drury, 347 S.W.3d at 112 .

12020–2020
Snider v. Casino Aztar/Aztar Missouri Gaming Corp. green
mo · 2005
1 sentence

2020The Commission has some discretion when deciding "which approach best estimates the value of a particular property[,]" but its choice of a valuation approach must comply with the law that "real property in Missouri be taxed according to its true value in money." Snider, 156 S.W.3d at 348 .

12020–2020
Warren v. Pulitzer Publishing Co. green
mo · 1934
2 sentences

1985In Warren v. Pulitzer Publishing Co., 336 Mo. 184 , 78 S.W.2d 404 (1934), the Court explained: One also has the right (and this applies to a newspaper which is properly in the business not only of giving the public news but also of making them think about its significance) to comment upon true facts, when they are matters of public concern, by stating his inferences and conclusions about them.

1985In Warren v. Pulitzer Publishing Co., 336 Mo. 184 , 78 S.W.2d 404 (1934), the Court explained: One also has the right (and this applies to a newspaper which is properly in the business not only of giving the public news but also of making them think about its significance) to comment upon true facts, when they are matters of public concern, by stating his inferences and conclusions about them.

11985–1985
City of Kansas City v. Scanland green
moctapp · 1974
1 sentence

1984Even when facially applicable, inconsistencies or contradictions in a witness’ trial testimony must be so polarized as to “rob the testimony of all probative force.” City of Kansas City v. Scanland, supra. Defendant seeks to pulverize sub-missibility of the state’s case under the rule of “destructive testimony” or “destructive contradictions” by applying it to certain testimony of the victim and that of her two schoolmates who made an in-court identification of defendant.

11984–1984
State v. Benson green
mo · 1940
2 sentences

1979But, whether the declarations in this case are admissible as an exception to the hearsay rule or outside the purview of that rule is a technical question we need not burden this opinion with answering. 10 *418 Defendant relies upon State v. Benson, 346 Mo. 497 , 142 S.W.2d 52 (1940).

1979But, whether the declarations in this case are admissible as an exception to the hearsay rule or outside the purview of that rule is a technical question we need not burden this opinion with answering. 10 *418 Defendant relies upon State v. Benson, 346 Mo. 497 , 142 S.W.2d 52 (1940).

11979–1979
Wyckoff v. Davis green
mo · 1957
1 sentence

1976See: Wyckoff v. Davis, 297 S.W.2d 490 (Mo.1957).

11976–1976
Critcher v. Rudy Fick, Inc. green
mo · 1958
2 sentences

1959Critcher v. Rudy Fick, Inc., Mo., 315 S.W.2d 421 ; Johnson v. Fotie, Mo., 308 S.W.2d 662 ; In re Petersen’s Estate, Mo., 295 S.W.2d 144 .

1959Critcher v. Rudy Fick, Inc., Mo., 315 S.W.2d 421 ; Johnson v. Fotie, Mo., 308 S.W.2d 662 ; In re Petersen's Estate, Mo., 295 S.W.2d 144 .

11959–1959
Johnson v. Fotie green
mo · 1958
2 sentences

1959Critcher v. Rudy Fick, Inc., Mo., 315 S.W.2d 421 ; Johnson v. Fotie, Mo., 308 S.W.2d 662 ; In re Petersen’s Estate, Mo., 295 S.W.2d 144 .

1959Critcher v. Rudy Fick, Inc., Mo., 315 S.W.2d 421 ; Johnson v. Fotie, Mo., 308 S.W.2d 662 ; In re Petersen's Estate, Mo., 295 S.W.2d 144 .

11959–1959
In Re Petersen's Estate green
mo · 1956
2 sentences

1959Critcher v. Rudy Fick, Inc., Mo., 315 S.W.2d 421 ; Johnson v. Fotie, Mo., 308 S.W.2d 662 ; In re Petersen’s Estate, Mo., 295 S.W.2d 144 .

1959Critcher v. Rudy Fick, Inc., Mo., 315 S.W.2d 421 ; Johnson v. Fotie, Mo., 308 S.W.2d 662 ; In re Petersen's Estate, Mo., 295 S.W.2d 144 .

11959–1959
Leon v. Barnsdall Zinc Co. green
· 1925
1 sentence

1936This court reversed the judgment of the trial court and remanded the cause with directions to enter a judgment for the plaintiffs for only the installments falling due January and February 17, 1920, ruling, so far as pertinent here ( 309 Mo. 276 , 274 S.W. l.c. 703), that: "Plaintiffs in casting their petition in the form in which they did were endeavoring to state a case within the purview of the doctrine that the renunciation of a contract, covering the entire performance, before the time of performance is such a breach as gives an immediate right of action.

11936–1936
Banks v. Burnam neutral
mo · 1875
1 sentence

1917We take notice of a former appeal and of the record thereof (Keaton v. Jorndt, 259 Mo. 179 ); but we do not notice the facts and records in one action when called on to rule another and separate one. [Spurlock v. Railroad, 76 Mo. 67 ; Banks v. Burnam, 61 Mo. 76 ; 16 Cyc. 918.] So as this case as now presented comes to us as an entirely new case, we are not bound by the law thereof- as announced in the case of State ex rel. v. Geiger, supra, as “the law of the case,” within the purview of the rule urged on us, and so as to render that rule binding on us whether it be in our view rightly ruled o

11917–1917
Spurlock v. Missouri Pacific Railway Co. neutral
mo · 1882
1 sentence

1917We take notice of a former appeal and of the record thereof (Keaton v. Jorndt, 259 Mo. 179 ); but we do not notice the facts and records in one action when called on to rule another and separate one. [Spurlock v. Railroad, 76 Mo. 67 ; Banks v. Burnam, 61 Mo. 76 ; 16 Cyc. 918.] So as this case as now presented comes to us as an entirely new case, we are not bound by the law thereof- as announced in the case of State ex rel. v. Geiger, supra, as “the law of the case,” within the purview of the rule urged on us, and so as to render that rule binding on us whether it be in our view rightly ruled o

11917–1917
State ex rel. St. Joseph Water Co. v. Geiger neutral
mo · 1912
1 sentence

1917We take notice of a former appeal and of the record thereof (Keaton v. Jorndt, 259 Mo. 179 ); but we do not notice the facts and records in one action when called on to rule another and separate one. [Spurlock v. Railroad, 76 Mo. 67 ; Banks v. Burnam, 61 Mo. 76 ; 16 Cyc. 918.] So as this case as now presented comes to us as an entirely new case, we are not bound by the law thereof- as announced in the case of State ex rel. v. Geiger, supra, as “the law of the case,” within the purview of the rule urged on us, and so as to render that rule binding on us whether it be in our view rightly ruled o

11917–1917
Keaton v. Jorndt green
mo · 1914
1 sentence

1917We take notice of a former appeal and of the record thereof (Keaton v. Jorndt, 259 Mo. 179 ); but we do not notice the facts and records in one action when called on to rule another and separate one. [Spurlock v. Railroad, 76 Mo. 67 ; Banks v. Burnam, 61 Mo. 76 ; 16 Cyc. 918.] So as this case as now presented comes to us as an entirely new case, we are not bound by the law thereof- as announced in the case of State ex rel. v. Geiger, supra, as “the law of the case,” within the purview of the rule urged on us, and so as to render that rule binding on us whether it be in our view rightly ruled o

11917–1917
Hay v. American Fire Clay Co. neutral
· 1913
1 sentence

1916Manifestly the court excluded the paper itself on the theory that it was an ex parte and self-serving document which did not fall within the purview of the rule imparting the character of evidence to ex parte book accounts, etc., “made at the time or nearly so of doing the principal fact.” [Milling Co. v. Wash, 108 Mo. l. c. 285; Hay v. Fire Clay Co., 179 Mo. App. 567 .] The statement being prepared immediately before the interview and, therefore, long after most of the transactions referred to therein, was not contemporaneous, or nearly so, with the transactions and, therefore, was not a part

11916–1916
State v. Jones neutral
mo · 1874
1 sentence

1915It is fairly clear by all of the books and cases, if language like that used by the detective Arthur had been used by the sheriff, or the jailer, or the prosecuting attorney, or by any other of those whom the books denominate “persons in authority,” the confession here would be utterly inadmissible, because not voluntary. [1 Greenleaf on Ev., sec. 222; 3 Ency. of Ev. 316.] The authorities practically all agree that a confession induced by a “person in authority” by the use of such words as “tell the truth and it will be better for you,” renders the confession inadmissible. [3 Ency. of Ev. 311;

11915–1915
State v. Patterson green
mo · 1881
1 sentence

1915It is fairly clear by all of the books and cases, if language like that used by the detective Arthur had been used by the sheriff, or the jailer, or the prosecuting attorney, or by any other of those whom the books denominate “persons in authority,” the confession here would be utterly inadmissible, because not voluntary. [1 Greenleaf on Ev., sec. 222; 3 Ency. of Ev. 316.] The authorities practically all agree that a confession induced by a “person in authority” by the use of such words as “tell the truth and it will be better for you,” renders the confession inadmissible. [3 Ency. of Ev. 311;

11915–1915
Phelps v. Jones neutral
moctapp · 1910
1 sentence

1912With respect to such matter false representations of the vendor will give the vendee a cause of action for the damages he sustains in instances wherein the following elements are combined: (1) That false representations of a material fact or facts were made by the vendor to the vendee with intent to deceive; (2) that the vendee believed the representations to be true and relied upon them and (3) that his reliance upon them was an act of ordinary prudence. [Phelps v. Jones, 141 Mo. App. 223 , and cases cited.] The vendor’s intent to deceive is an indispensable ingredient of the cause, but the e

11912–1912
Chicago City Railway Co. v. Yancey neutral
illappct · 1889
1 sentence

1912Co. v. Yancey, 33 Ill.

11912–1912
State v. Drury neutral
mo · 1865
1 sentence

1881A “ liability arising from the misconduct of the principal ” prior to the giving of the second bond, according to the express language of the statute under discussion, had been incurred, and the loss to the estate was directly attributable to the misconduct of Staehlin prior to the execution of the second bond — as but for such misconduct, no such loss could have occurred., These circumstances bring this case fully within the purview and principle of the rule as laid down in State v. Drury, supra. It is true, in that case the bond declared on was that of a curator, but the same provisions were

11881–1881

Where else courts name it

OH 74 (1958–2026) FL 49 (1941–2015) NY 47 (1882–2026) CA 40 (1893–2018) TX 32 (1928–2023) IL 29 (1896–2022) PA 19 (1895–2022) MI 17 (1947–2025) MO 16 (1881–2022) NC 15 (1948–2013) GA 12 (1907–1987) OK 11 (1929–2016) NJ 9 (1886–2009) AL 8 (1932–2016) NE 7 (1900–1993) MA 7 (1975–2026) IN 7 (1862–1997) UT 7 (1953–2023) KY 7 (1962–2021) RI 6 (1958–2004) MD 6 (1985–2013) MT 6 (1926–1980) IA 6 (1922–2011) WA 6 (1950–2021) ID 5 (1891–2012) MN 5 (1960–2014) NV 4 (1869–2022) VA 4 (1953–1999) NM 4 (1933–2010) AR 4 (1987–2017) LA 4 (1929–1994) AZ 3 (1945–1970) ND 3 (1896–2015) HI 3 (1943–1999) CO 3 (1967–1985) WI 3 (1922–1991) CT 3 (1942–1998) KS 2 (1971–2020) WV 2 (1973–1982) SC 2 (1947–2018) OR 2 (1905–1913)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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