Burt v. Rynex
Supreme Court of Missouri
Appeal from Linn Circuit Court. This was not a case in which the opinion of a jury could properly be taken. (Wagn. Stat. 1041, § 13 ; Morris v. Morris, 28 Mo. 114.) Even if this had been a case in which issues might properly have been submitted to a jury, the issues here are not such as are authorized by the statute. The issues were properly made up and submitted to the jury.
Read the full summary
Appeal from Linn Circuit Court. This was not a case in which the opinion of a jury could properly be taken. (Wagn. Stat. 1041, § 13 ; Morris v. Morris, 28 Mo. 114.) Even if this had been a case in which issues might properly have been submitted to a jury, the issues here are not such as are authorized by the statute. The issues were properly made up and submitted to the jury. (Gray v. Payne, 43 Mo. 203.) As to the proper mode for framing issues and the trial thereof, see Morris v. Morris, 28 Mo. 114; McCullough v. McCullough, 31 Mo. 226.
1Opinion of the CourtWagneR, Judge
Burt, the plaintiff, instituted suit against H. H. 'T. Grill, Jacob A. Lemon and William H. and Adele Rynex, to set aside a deed of conveyance of certain lands, executed by Burt to Lemon in April, 1861, and also a deed of the same lands from the sheriff of Linn county to the defendant, Adele Rynex, dated in April, 1863, an4 to obtain by a decree of court the title to the lands in himself. Lemon was never served with process, and made no appearance in the suit. Grill demurred on the ground that he was not a proper party, and the demurrer was sustained. The suit was then carried on to final…
2Cited by5 opinions
- Snell v. HarrisonSupreme Court of Missouri · 1884
- Richardson v. PittsSupreme Court of Missouri · 1879
- Hall v. HarrisSupreme Court of Missouri · 1898
- Burt v. RynexSupreme Court of Missouri · 1874
- State ex rel. Buttz v. Comptroller GeneralSupreme Court of South Carolina · 1878