State ex rel. Nicholson v. Rombauer
Supreme Court of Missouri
Petition for mandamus. I. A verdict responsive to the issues should be received and recorded. (State v. Ostrander, 30 Mo. 13; State v. Schoenwald, 31 Mo. 155, 158; State v. Arrington, 3 Murphy, 571; Moody v. McDonald, 4 Cal. 297; Russell v. Wheeler, 1 Hemp. 3.) An unintelligible verdict may be set aside on motion. (Ford v. Ford,'3 Wis. 399.) H. Mandamus is a proper remedy in this case. (Pratte v. Cabanne, 12 Mo. 194; Boyce’s Adm’r y.
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Petition for mandamus. I. A verdict responsive to the issues should be received and recorded. (State v. Ostrander, 30 Mo. 13; State v. Schoenwald, 31 Mo. 155, 158; State v. Arrington, 3 Murphy, 571; Moody v. McDonald, 4 Cal. 297; Russell v. Wheeler, 1 Hemp. 3.) An unintelligible verdict may be set aside on motion. (Ford v. Ford,'3 Wis. 399.) H. Mandamus is a proper remedy in this case. (Pratte v. Cabanne, 12 Mo. 194; Boyce’s Adm’r y. Smith’s Adm’r, 16 Mo. 317; Leahy v. Dugdale, 41 Mo. 517.) HI. A verdict will not be set aside when it is according to the law and evidence, properly understood,…
1Opinion of the CourtWagner, Judge
The relator prays this court to grant a peremptory writ of mandamus against the respondent, who is one of the judges of the St. Louis Circuit Court, to compel him to receive and record a verdict rendered by a jury.
It appears that a suit was instituted in the Circuit Court by' one McDonough against the relator, claiming damages for injuries sustained in consequence of a wall giving way and falling. After the evidence was submitted and instructions given by the court, the jury retired to consider of their verdict, and, upon consultation thereon, returned with the following: “We, the jury, find…
2Cases cited3 opinions
- Blackley v. SheldonNew York Supreme Court · 1810
- Henley v. ArbuckleSupreme Court of Missouri · 1850
- State v. OstranderSupreme Court of Missouri · 1860
3Cited by6 opinions
- Keyes v. Chicago, Burlington & Quincy RailroadSupreme Court of Missouri · 1930
- Kreibohm v. YanceySupreme Court of Missouri · 1900
- West v. BretelleSupreme Court of Missouri · 1893
- Vromania Apartments Co. v. GoodmanMissouri Court of Appeals · 1909
- State ex rel. Brainard v. AdamsMissouri Court of Appeals · 1882
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