79 Mo. 77 | Mo. | 1883
This is an action begun m a justice’s court, and tried de novo in the circuit court, on the following statement: “Maries County, May 1st, 1878. Charles Givens to Erhardt Koegel, Dr., to balance due on settlement, $39.90.”
As the questions to be decided arise principally or entirely on the facts, as shown by the -bill of exceptions, we present so much of it as is pertinent. It recites that “ the plaintiff offered evidence showing that plaintiff performed work and labor for the defendant, that they had a settlement, and that by said settlement defendant was due plaintiff a balance of $39.90, which was due and unpaid. To the introduction of the evidence .showing that plaintiff performed work and labor for defendant, the . defendant objected, which objection was by the court overruled, to which action of the court in overruling said objection the defendant then and there, in open court by his counsel, objected and excepted. This was all the evidence offered on the part of the plaintiff The defendant offered evidence showing that no settlement had been made. The defendant then offered evidence to prove the character of the work done by plaintiff' for defendant, and offered to show by the testimony of experts that the labor performed by plaintiff for defendant was valueless, to the introduction of which the plaintiff' objected, which objection was by the court sustained, to which action of the court in sustaining the objec
The judgment of the circuit court is affirmed.