Moore v. St. Louis & San Francisco Railroad
Missouri Court of Appeals
Appeal from Jasper Circuit Court. — Now. Hugh Dabbs, Judge. The court had no authority to render judgment in excess of the damages laid in the petition. This, it seems to us, is elementary. State ex rel. v. Davidson, 87 Mo. 683; Smith v. Royse, 165 Mo. 654-658; Powell v. Horrell, 72 Mo. App. 406-412; M'oore v. Dixon, 50 Mo. 424; Maupin v. Triplett, 5 Mo. 423; Hayton v. Hope, 3 Mo. 53; Pope v. Salsman, 35 Mo. 362; Carr v. Edwards, 1 Mo. 137. Filed no briefs.
1Opinion of the CourtEllison, J.
Plaintiff brought his action for damages against defendant by filing his petition, wherein he claimed, among other things, that he was damaged for the destruction of Ms “elevator and sludge mill in the sum of $675. The jury returned a verdict giving him damages on that account for $900, and judgment was rendered accordingly. The judgment should not have *385been for more than was asked and it'is accordingly reversed and tbe cause remanded. [Smith v. Royse, 165 Mo. 654, 658; Moore v. Dixon, 50 Mo. 424; Maupin v. Triplett, 5 Mo. 423; State ex rel. v. Davidson, 87 Mo. 683; Pope v. Salsman, 35 Mo.…
2Cases cited5 opinions
- Moore v. DixonSupreme Court of Missouri · 1872
- Smith v. RoyseSupreme Court of Missouri · 1901
- Pope v. SalsmanSupreme Court of Missouri · 1865
- Hayton v. HopeSupreme Court of Missouri · 1831
- State ex rel. Snyder v. DavidsonSupreme Court of Missouri · 1885
3Cited by2 opinions
- Middendorf v. SchreiberMissouri Court of Appeals · 1910
- Germo Manufacturing Co. v. CombsSupreme Court of Missouri · 1921