Cox v. Bright
Missouri Court of Appeals
Appeal from the Stone Circuit Court. — Hon. J. 0. Lamson, judge. (1) The trial court, under the pleadings and evidence adduced, should have directed the jury to find a verdict for plaintiffs, because there was no substantial testimony adduced to support the allegations in defendants’ answer. Wolff v. Campbell, 110 Mo. 114; Klaus-mann, etc., Co. v. Schoenlau, 32 Mo.
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Appeal from the Stone Circuit Court. — Hon. J. 0. Lamson, judge. (1) The trial court, under the pleadings and evidence adduced, should have directed the jury to find a verdict for plaintiffs, because there was no substantial testimony adduced to support the allegations in defendants’ answer. Wolff v. Campbell, 110 Mo. 114; Klaus-mann, etc., Co. v. Schoenlau, 32 Mo. App. 357. (2) The trial court should have arrested the judgment because void upon its face, and because the court, under the pleadings, had no power to render such judgment. A judgment not responsive to the pleadings, on proper…
1Opinion of the CourtRombauer, P. J.
The respondents claim that there is no bill of exceptions in this case, and that the merits •of the appeal must be determined by the record proper. 'The facts bearing on this contention are as follows: The cause was tried at the March term of the Stone county circuit court, and judgment rendered therein on the seventh day of March, 1895. On the same day the plaintiffs filed their motions for new .trial and in arrest *419of judgment, which were by the court overruled. They thereupon, on the same day, prayed for an appeal to this court, which was granted. The case is brought here on clerk’s…
2Cases cited6 opinions
- Acton v. DooleyMissouri Court of Appeals · 1885
- State v. SeatonSupreme Court of Missouri · 1891
- Dorman v. CoonSupreme Court of Missouri · 1893
- Fulkerson v. MurdockSupreme Court of Missouri · 1894
- Rembaugh v. PhippsSupreme Court of Missouri · 1882
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3Cited by1 opinion
- MFA Cooperative Ass'n of Ash Grove v. ElliottMissouri Court of Appeals · 1972