Gray v. Payne
Supreme Court of Missouri
Error to First District Court. It is irregular to join and try ejectment and a bill in equity at the same time. The court will take notice of the record, if the case appears so to have been tried, whether exceptions were taken or not. (Farmers’ Bank v. Bayliss, 41 Mo. 274-5 ; Peyton v. Bose, 41 Mo. 261.) Joint judgment against several parties not jointly liable is erroneous.
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Error to First District Court. It is irregular to join and try ejectment and a bill in equity at the same time. The court will take notice of the record, if the case appears so to have been tried, whether exceptions were taken or not. (Farmers’ Bank v. Bayliss, 41 Mo. 274-5 ; Peyton v. Bose, 41 Mo. 261.) Joint judgment against several parties not jointly liable is erroneous. Neither motions for new trial, nor in arrest, nor bills of exceptions, are requisite to give this court jurisdiction, if errors appear upon the record. (Bransteter v. Bives, 34 Mo. 318-321; Mason v. Barnard, 36 Mo. 384;…
1Opinion of the CourtWagner, Judge
This was an action commenced in the Cole County Circuit Court. The petition contained two counts. The first count was in ejectment, for recovering the possession of certain premises therein described. The second count was in the nature of a bill in equity, asking to have a conveyance transferring the title to the premises to the defendant set aside as fraudulent, and vesting the same in the plaintiff. The court treated both counts as one action, and submitted them jointly to a jury, with instructions covering the whole case, and the jury found a general verdict for the plaintiff, upon which…
2Cases cited3 opinions
- Gott v. PowellSupreme Court of Missouri · 1867
- Peyton v. RoseSupreme Court of Missouri · 1867
- Price's Heirs v. EvansSupreme Court of Missouri · 1857
3Cited by2 opinions
- City of St. Louis v. Senter Commission Co.Supreme Court of Missouri · 1937
- Sweet v. MaupinSupreme Court of Missouri · 1877