[DOWNLOAD] "Ruth Gibson v. Eugenia Frowein" by Supreme Court of Missouri En Banc # eBook PDF Kindle ePub Free

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eBook details

• Title: Ruth Gibson v. Eugenia Frowein
• Author : Supreme Court of Missouri En Banc
• Release Date : January 14, 1966
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 60 KB

Description

Plaintiff has appealed from a judgment entered pursuant to a unanimous jury verdict in her suit for $200,000 actual and $200,000 punitive damages for the alienation of the affections of her husband. Plaintiff's points on this appeal are limited to the challenge of four instructions given at the request of respondent. There is no contention by defendant that a submissible case was not made. We must first rule defendant's motion to dismiss this appeal because of the alleged failure of plaintiff to comply with Civil Rule 83.05(a) (2), V.A.M.R., in that her brief does not contain ""a fair and concise statement of the facts without argument."" As stated in paragraph (c) of the rule, this requirement anticipates a fair and concise statement of the facts ""relevant to the questions presented for determination."" In this case the questions for determination are limited to the correctness of four instructions, and a statement of the facts relevant to those questions do not call for a lengthy and detailed analysis of the testimony of each and every witness as defendant has presented in more than fifty printed pages of her brief. On the other hand, plaintiff has not made a proper statement of the facts, but she has detailed the testimony of some, but not all, of the witnesses. Neither brief is within the spirit or intendment of the rule, but we can readily determine the issues presented. The motion to dismiss is overruled.

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