Witten v. Robison
Missouri Court of Appeals
Appeal from Daviess Circuit Court, Hon. Chas. H. S. Goodman, Judge. Statement of case by the court. This was an action for slander. The petition contained three counts. The court instructed the jury at the instance of the defendant to find for him as to th'e third count.
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Appeal from Daviess Circuit Court, Hon. Chas. H. S. Goodman, Judge. Statement of case by the court. This was an action for slander. The petition contained three counts. The court instructed the jury at the instance of the defendant to find for him as to th'e third count. The j ury returned the following verdict, as shown by the records of the court: “We the jury find for the plaintiff on the first count and assess the damages at one hundred dollars ; we the jury find for the plaintiff on the second count q,nd assess the damages at four hundred dollars.” The judge’s docket contains the…
1Opinion of the CourtHall, J.
The only matter which we can consider on this appeal is the action of the court below in rendering judgment on a motion for a judgment nunc pro tunc. The court ordered the entry of a judgment on the verdict in favor of plaintiff as of the term at which it should have been made. If in so ordering the court erred, the judgment entered should be reversed. But, on the other hand, if the action of the court in that respect was correct, we cannot consider the errors complained of during the trial of the case which resulted in the verdict, because the appeal from the judgment ordered and not entered…
Also in this document: Concurrence.
2Cases cited2 opinions
- Jones v. HartSupreme Court of Missouri · 1875
- Lexington & St. Louis Railroad v. MockbeeSupreme Court of Missouri · 1876
3Cited by9 opinions
- Carwile v. Wm. M. Cameron & Co.Texas Supreme Court · 1908
- Fleming v. Clark Township of Chariton CountySupreme Court of Missouri · 1962
- Dawson v. WaldheimMissouri Court of Appeals · 1901
- State v. BushMissouri Court of Appeals · 1909
- Williams v. SilveyMissouri Court of Appeals · 1900
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