Legal Opinion

State ex rel. Robertson v. Hope

Supreme Court of Missouri

Decided March 13, 1894PublishedCited by 20 opinions

Appeal from Saline Circuit Court. — Host. Richard Field, Judge. (1) The question of interest should have been left to the jury under Revised Statutes, 1889, section 4430, authorizing allowance of interest, if the jury shall think fit to allow it. • See Riggins v. Sargent, 2 B. & C. 384. Interest is the creature of the statute, and in no case not provided for by statute can it be recovered.

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Appeal from Saline Circuit Court. — Host. Richard Field, Judge. (1) The question of interest should have been left to the jury under Revised Statutes, 1889, section 4430, authorizing allowance of interest, if the jury shall think fit to allow it. • See Riggins v. Sargent, 2 B. & C. 384. Interest is the creature of the statute, and in no case not provided for by statute can it be recovered. Pekin v. Reynolds, 31 Ill. 529; Chicago v. Allcock, 86 Ill. 384; Railroad v. Conway, 8 Col.. 1; State, etc., v. Harrington, 44 Mo. App. 301; Randall v. Greenhood, 3 Mont. 506; Supervisors v. Klein, 51 Miss.…

1Opinion of the CourtBubgess, J.

This is a suit in the name of the state at the relation of John M. Robertson, against the defendant Hope and his sureties, on his official bond as sheriff of Jackson county, Missouri. The case has been twice before this court, and*will be found reported in 88 Mo. 430, and 102 Mo. 410, wherein a full and ■complete statement of all the facts may be found up to and including the second trial. On the first trial had in Jackson county, there was a verdict for the defendants. On the second trial, which was before a jury, in Ray county, there was a verdict for plaintiff for $17.430.20. On a third…

2Cases cited27 opinions

  1. Wilson v. . City of TroyNew York Court of Appeals · 1892
  2. McCormick v. . Pennsylvania Central R.R. Co.New York Court of Appeals · 1872
  3. Grove v. City of KansasSupreme Court of Missouri · 1882
  4. State ex rel. Robertson v. HopeSupreme Court of Missouri · 1890
  5. Godman v. SimmonsSupreme Court of Missouri · 1892

22 more not listed; retrieve them via the Exa API.

3Cited by20 opinions

  1. Ford v. Wabash Railway Co.Supreme Court of Missouri · 1927
  2. Carson v. SmithSupreme Court of Missouri · 1896
  3. Commercial Credit Corp. v. Joplin Automobile Auction Co.Missouri Court of Appeals · 1968
  4. Kemper Mill & Elevator Co. v. HinesSupreme Court of Missouri · 1922
  5. Lack ex rel. Scudder v. BrechtSupreme Court of Missouri · 1901

15 more not listed; retrieve them via the Exa API.

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