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64 Missouri opinions name it 2 courts 1881–2024 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.
| Case | Followed | Cited |
|---|---|---|
Swan v. Stuartgreen2 sentences2014Moreover, “[i]t is an elementary rule of law that in the face of an objection the plaintiffs evidence must conform to the pleading.” Swan v. Stuart, 353 S.W.2d 805, 806 (Mo.App.1962). 1998Swan v. Stuart, 353 S.W.2d 805, 806 [2] (Mo.App.1962). | 2 | 2 |
Padgett v. Breznergreen2 sentences1992Contrast this statement of the rule and the Eastern District’s comments in the Aluminum Products case with Padgett v. Brezner, 359 S.W.2d 416, 422 (Mo.App.1962): "It is an elementary principle of law that the best evidence of which the case in its nature is susceptible and which is within the power of the party to produce, or is capable of being produced, must always be produced in proof of every disputed fact.” 3 . 1984Hence, the best proof of the contents of a writing *374 is the writing itself.” Padgett v. Brezner, 359 S.W.2d 416, 422 (Mo.App.1962) (footnote omitted). | 2 | 2 |
State v. Fentongreen2 sentences2001In fact, an elementary principle of justice dictates that “one man shall not be affected by another’s act or admission, to which he is a stranger.” Fenton, 499 S.W.2d at 816 . 1992State v. Lingar, 726 S.W.2d 728, 735 (Mo. banc) cert. denied, 484 U.S. 872 , 108 S.Ct. 206 , 98 L.Ed.2d 157 (1987). “[A] defendant is entitled to be tried on his own without having his guilt prejudged by what has happened to another, it being considered an elementary principle of justice that one man shall not be affected by another’s act or admission, to which he is a stranger.” State v. Fenton, 499 S.W.2d 813, 816 (Mo.App.1973). | 1 | 3 |
State v. Whitegreen2 sentences2018State v. White , 952 S.W.2d 802 , 805 (Mo. App. E.D. 1997) (citations and quotations omitted). 2000Thus, a defendant is entitled to be tried on his own without having his guilt prejudged by what has happened to another, it being considered “an elementary principle of justice that one man shall not be affected by another’s act or admission, to which he is a stranger.” State v. White, 952 S.W.2d 802, 805 (MoApp. | 1 | 2 |
Dockery v. Mannisigreen2 sentences1994Respondent contends that the court erred in admitting a picture of the child for the jury to see “in that it was not the best evidence since the petitioner was capable of being present and no proper foundation was laid.” Under this point respondent cites one case, Dockery v. Mannisi, 636 S.W.2d 372 (Mo.App.1982), quoting from it at 375: “It is an elementary principle of law of evidence that the best evidence of which the ease in its nature is susceptible and which is within the power of the party to produce, or is capable of being produced, must always be produced in proof of every disputed fa 1987Dockery v. Mannisi, 636 S.W.2d 372, 375 (Mo.App.1982). | 1 | 2 |
Anderson v. Coopergreen2 sentences2015“It is an elementary rule of law that every person must exercise ordinary and reasonable care for his own safety and not expose himself to unnecessary risks, dangers or hazards in performing his duties.” Anderson v. Cooper, 192 Kan. 723 , 391 P.2d 86, 91 (1964). 2015“It is an elementary rule of law that every person must exercise ordinary and reasonable care for his own safety and not expose himself to unnecessary risks, dangers or hazards in performing his duties.” Anderson v. Cooper, 192 Kan. 723 , 391 P.2d 86, 91 (1964). | 1 | 1 |
Cottonhill Investment Co. v. Boatmen's National Bank of Cape Girardeaugreen1 sentence2014Co. v. Boatmen's Nat’l Bank, 887 S.W.2d 742, 744 (Mo.App.1994). | 1 | 1 |
Memco, Inc. v. Chronistergreen1 sentence2014“This is because the pleader must not be permitted to prove that which he does not allege.” Id.; see also Memco, Inc. v. Chronister, 27 S.W.3d 871, 875 (Mo.App. 2000) (“[O]ne cannot recover for a cause of action not pleaded.”). | 1 | 1 |
Drury v. Missouri Pacific Railroadgreen1 sentence1997R.R., 905 S.W.2d 138, 148 (Mo.App. | 1 | 1 |
Hord v. Morgangreen1 sentence1995Hord v. Morgan, 769 S.W.2d 443, 446 (Mo.App.1989). | 1 | 1 |
Kestner v. Jakobegreen1 sentence1994Kestner v. Jakobe, 446 S.W.2d 188, 196 (Mo.App.1969). | 1 | 1 |
State v. Lingaryellow1 sentence1992State v. Lingar, 726 S.W.2d 728, 735 (Mo. banc) cert. denied, 484 U.S. 872 , 108 S.Ct. 206 , 98 L.Ed.2d 157 (1987). “[A] defendant is entitled to be tried on his own without having his guilt prejudged by what has happened to another, it being considered an elementary principle of justice that one man shall not be affected by another’s act or admission, to which he is a stranger.” State v. Fenton, 499 S.W.2d 813, 816 (Mo.App.1973). | 1 | 1 |
Day v. Stategreen1 sentence1991Furthermore, time limitations for filing post-conviction motions are mandatory, Day v. State, 770 S.W.2d 692, 696 (Mo. banc 1989), and appellant has acknowledged that any motion, were it to have been filed, would have been untimely. | 1 | 1 |
United States v. Louis Wernergreen1 sentence1986Cf. United States v. Weber, supra, 437 F.2d [327] at 333 [(3rd Cir. 1970)]; (... “the mere fact that crimes carry different labels is not determini-tive.”) United States v. Werner, 620 F.2d 922, 926-927 [4] (2nd Cir.1980). | 1 | 1 |
Wilson v. Miss Hulling's Cafeterias, Inc.green2 sentences1985Wilson v. Miss Hutting’s Cafeterias, 360 Mo. 559, 570 , 229 S.W.2d 556, 562 (1950). 1985Wilson v. Miss Hutting’s Cafeterias, 360 Mo. 559, 570 , 229 S.W.2d 556, 562 (1950). | 1 | 1 |
Dahman v. City of Ballwingreen1 sentence1984Dakman v. City of Ballwin, 483 S.W.2d 605, 608 (Mo.App.1972). | 1 | 1 |
Grunewald v. United Statesgreen2 sentences1982But this can be done only if the judge is satisfied that the prior statements are in fact inconsistent. 3 Wigmore, Evidence, § 1040.” Grunewald v. United States, 353 U.S. 391 , 77 S.Ct. 963, 981 [20], 1 L.Ed.2d 931 (1957). 1982But this can be done only if the judge is satisfied that the prior statements are in fact inconsistent. 3 Wigmore, Evidence, § 1040.” Grunewald v. United States, 353 U.S. 391 , 77 S.Ct. 963, 981 [20], 1 L.Ed.2d 931 (1957). | 1 | 1 |
Eastman Kodak Stores, Inc. v. Summersgreen1 sentence1976See Yeager v. Wittels, 517 S.W.2d 457 [11] (Mo.App.1974), Studt v. Leiweke, 100 S.W.2d 30 [13] (Mo.App.1937), Mock v. Missouri Union Insurance Company, 328 S.W.2d 61 [3] (Mo.App.1959) and Eastman Kodak Stores, Inc. v. Summers, 377 S.W.2d 476 [4] (Mo.App.1964). | 1 | 1 |
Yeager v. Wittelsgreen1 sentence1976See Yeager v. Wittels, 517 S.W.2d 457 [11] (Mo.App.1974), Studt v. Leiweke, 100 S.W.2d 30 [13] (Mo.App.1937), Mock v. Missouri Union Insurance Company, 328 S.W.2d 61 [3] (Mo.App.1959) and Eastman Kodak Stores, Inc. v. Summers, 377 S.W.2d 476 [4] (Mo.App.1964). | 1 | 1 |
Mock v. Missouri Union Insurance Companygreen1 sentence1976See Yeager v. Wittels, 517 S.W.2d 457 [11] (Mo.App.1974), Studt v. Leiweke, 100 S.W.2d 30 [13] (Mo.App.1937), Mock v. Missouri Union Insurance Company, 328 S.W.2d 61 [3] (Mo.App.1959) and Eastman Kodak Stores, Inc. v. Summers, 377 S.W.2d 476 [4] (Mo.App.1964). | 1 | 1 |
| Miller v. Riss & Co.green | 1 | 1 |
| Harry and Florence Kelley v. Natl. Lead Co.green | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Missouri. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Kirby v. United States
green
2 sentences1997State v. Aubuchon, supra. Kirby v. United States, 174 U.S. 47 , 19 S.Ct. 574 , 43 L.Ed. 890 (1899). 1997State v. Aubuchon, supra. Kirby v. United States, 174 U.S. 47 , 19 S.Ct. 574 , 43 L.Ed. 890 (1899). | 2 | 1973–1997 |
State v. Aubuchon
green
2 sentences1997State v. Aubuchon, supra. Kirby v. United States, 174 U.S. 47 , 19 S.Ct. 574 , 43 L.Ed. 890 (1899). 1973State v. Aubuchon, supra. Kirby v. United States, 174 U.S. 47 , 19 S.Ct. 574 , 43 L.Ed. 890 (1899). | 2 | 1973–1997 |
City of Kansas City v. Gumm
green
1 sentence2024Lowe, 430 S.W.3d at 350 ; see also Browning- Ferris Indus. of St. | 1 | 2024–2024 |
Reed v. Sale Memorial Hospital & Clinic
green
1 sentence2001“The elementary rule which was violated is that a witness’ testimony cannot be bolstered by hearsay evidence.” 698 S.W.2d at 941 . | 1 | 2001–2001 |
Thummel v. King
green
2 sentences1993Id. 1993Id. | 1 | 1993–1993 |
State v. Jackson
neutral
1 sentence1992State v. Jackson, 17 Mo. 544 (1853). | 1 | 1992–1992 |
Edwards v. Squier, Warden
green
1 sentence1986As one court has pointed out, requiring “too” precise an identity between the character of the offenses “would fail to give effect to the word ‘similar’ succeeding the word ‘same’ and thus violate an elementary rule of statutory construction.” Edwards v. Squier, 178 F.2d 758 , 759 (9 Cir.1949). | 1 | 1986–1986 |
Allen v. Louisiana
green
2 sentences1972It follows, of course, that I disagree with the holding of the principal opinion that “the portion of the statute held unconstitutional is separable * * In Allen v. Louisiana, 103 U.S. 80, 83-84 , 26 L.Ed. 318 , the Court said: "It is an elementary principle that the same statute may be in part constitutional and in part unconstitutional, and that if the parts are wholly independent of each other, that which is constitutional may stand while that which is unconstitutional will be rejected. ‘But,’ as was said by Chief Justice Shaw, in Warren v. Mayor and Aldermen of Charlestown ( 2 Gray (Mass.) 1972It follows, of course, that I disagree with the holding of the principal opinion that “the portion of the statute held unconstitutional is separable * * In Allen v. Louisiana, 103 U.S. 80, 83-84 , 26 L.Ed. 318 , the Court said: "It is an elementary principle that the same statute may be in part constitutional and in part unconstitutional, and that if the parts are wholly independent of each other, that which is constitutional may stand while that which is unconstitutional will be rejected. ‘But,’ as was said by Chief Justice Shaw, in Warren v. Mayor and Aldermen of Charlestown ( 2 Gray (Mass.) | 1 | 1972–1972 |
State ex rel. Audrain County v. Hackmann
green
2 sentences1972Audrain County v. Hackmann, 275 Mo. 534, 543 , 205 S.W. 12, 14 , as follows: “The test of the right to uphold a law, some portions of which may be invalid, is whether or not in so doing, after separating that which is invalid, a law in all respects complete and susceptible of constitutional enforcement is left, which the Legislature would have enacted if it had known that the exscinded portions were invalid.” I cannot believe the General Assembly (in 1961, when courts generally were reluctant to decide “political questions,” and before any of us knew the “one man, one vote” principle was a par 1972Audrain County v. Hackmann, 275 Mo. 534, 543 , 205 S.W. 12, 14 , as follows: “The test of the right to uphold a law, some portions of which may be invalid, is whether or not in so doing, after separating that which is invalid, a law in all respects complete and susceptible of constitutional enforcement is left, which the Legislature would have enacted if it had known that the exscinded portions were invalid.” I cannot believe the General Assembly (in 1961, when courts generally were reluctant to decide “political questions,” and before any of us knew the “one man, one vote” principle was a par | 1 | 1972–1972 |
| Pijut v. SAINT LOUIS PUBLIC SERVICE COMPANY green | 1 | 1971–1971 |
Dilallo v. Lynch
green
2 sentences1971Louis Public Service Company, Mo., 330 S.W.2d 747 , and to some extent in Dilallo v. Lynch, 340 Mo. 82 , 101 S.W.2d 7 , cited by the defendant, our courts have been concerned with the elementary principle that a party may not rely on a theory of recovery supported only by his adversary’s evidence which contradicts his own. 1971Louis Public Service Company, Mo., 330 S.W.2d 747 , and to some extent in Dilallo v. Lynch, 340 Mo. 82 , 101 S.W.2d 7 , cited by the defendant, our courts have been concerned with the elementary principle that a party may not rely on a theory of recovery supported only by his adversary’s evidence which contradicts his own. | 1 | 1971–1971 |
| Gas Service Co. v. London & Lancashire Ins. Co., Limited green | 1 | 1967–1967 |
| Gutknecht v. Wagner Bros. Moving & Storage Co. green | 1 | 1967–1967 |
| Kenward v. Hultz green | 1 | 1967–1967 |
| Ginter v. City of Webster Groves green | 1 | 1965–1965 |
| Capobianco v. Yacovelli Restaurant, Inc. green | 1 | 1963–1963 |
| Reichholdt v. Union Electric Company green | 1 | 1962–1962 |
| Lubrication Engineers, Inc. v. Parkinson green | 1 | 1962–1962 |
| Hiltner v. Kansas City green | 1 | 1962–1962 |
| Meyer v. St. Louis Public Service Co. green | 1 | 1956–1956 |
| Pennoyer v. Neff red | 1 | 1950–1950 |
| McDonald v. Mabee green | 1 | 1950–1950 |
| Neighbours v. Rittenhouse green | 1 | 1949–1949 |
| Swain v. Anders and Newingham. green | 1 | 1941–1941 |
| Sims v. Brown green | 1 | 1938–1938 |
| North St. Louis Gymnastic Society v. Hagerman neutral | 1 | 1936–1936 |
| Keeney v. Comptroller of New York green | 1 | 1929–1929 |
| State v. Rogers neutral | 1 | 1927–1927 |
| State v. Gesell green | 1 | 1927–1927 |
| Mangrum v. State neutral | 1 | 1924–1924 |
| State ex inf. Hadley v. Goffee neutral | 1 | 1920–1920 |
| Newham v. Kenton green | 1 | 1919–1919 |
| State ex rel. Halsey v. Clayton neutral | 1 | 1915–1915 |
| McGrew v. Missouri Pacific Railway Co. green | 1 | 1915–1915 |
| Harris v. William R. Compton Bond & Mortgage Co. green | 1 | 1915–1915 |
| Jennings v. Overholt neutral | 1 | 1915–1915 |
| Hughes & Thurman v. Dodd green | 1 | 1915–1915 |
| Dillard v. Field neutral | 1 | 1915–1915 |
| State ex rel. City of St. Louis v. Laclede Gaslight Co. neutral | 1 | 1914–1914 |
| Shull v. Boyd green | 1 | 1914–1914 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
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.