Berryman v. Cox
Missouri Court of Appeals
Appeal from the Cole Circuit 'Court. — Hon. D. W. Shackleford, Judge. (1) The amended petition was filed November 18, 1895, and is defective in not stating separately the amount of damages asked. Acts of General Assembly, 1895, p. 168. And for the same reason the motion of appellant in arrest of judgment should have been sustained. The verdict was directly in the teeth of the statute. See acts above referred to.
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Appeal from the Cole Circuit 'Court. — Hon. D. W. Shackleford, Judge. (1) The amended petition was filed November 18, 1895, and is defective in not stating separately the amount of damages asked. Acts of General Assembly, 1895, p. 168. And for the same reason the motion of appellant in arrest of judgment should have been sustained. The verdict was directly in the teeth of the statute. See acts above referred to. (2) And though the plaintiff announced in the beginning of the trial that it dismissed its action as to punitive damages, yet the court, over the objections of appellant, gave an…
1Opinion of the CourtSmith, P. J.
This is a suit by the plaintiff against the defendant to recover damages for an alleged assault and wounding of the former by the latter.
The petition alleges that the defendant, without just cause or provocation, willfully, wrongfully, violently and wantonly assaulted and wounded the plaintiff. In the original petition filed punitive damages were sought to be recovered.' It contained an allegation stating separately the amount of such damages it was sought to recover. At the inception of the trial this allegation, as appears by the record, was withdrawn, leaving only the claim for…
2Cases cited14 opinions
- Buckley v. KnappSupreme Court of Missouri · 1871
- State v. HerrellSupreme Court of Missouri · 1888
- State v. RoeSupreme Court of Vermont · 1840
- State v. McNallySupreme Court of Missouri · 1885
- Clements v. MaloneySupreme Court of Missouri · 1874
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3Cited by11 opinions
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- State v. ChristopherMissouri Court of Appeals · 1908
- Standard Oil Co. v. Meyer Bros. Drug Co.Missouri Court of Appeals · 1898
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