Bacon v. Perry
Missouri Court of Appeals
Appeal from the St. Louis County Circuit Court, W. W. Edwards, Judge. The answer of the defendant set up a counter-claim, which the replication denied, and on that issue there was no finding; the jury must find on all the issues. Jones v. Snedecro, 3 Mo. 275 (side p. 390); Predi v. Rogers, 5 Mo. 51. The counter-claim, under the pleadings, the evidence, and the instructions, presented an issue for the consideration of the jury, which they were in duty bound to respect.
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Appeal from the St. Louis County Circuit Court, W. W. Edwards, Judge. The answer of the defendant set up a counter-claim, which the replication denied, and on that issue there was no finding; the jury must find on all the issues. Jones v. Snedecro, 3 Mo. 275 (side p. 390); Predi v. Rogers, 5 Mo. 51. The counter-claim, under the pleadings, the evidence, and the instructions, presented an issue for the consideration of the jury, which they were in duty bound to respect. Without a finding as to the counter-claim, the verdict was incomplete; and, without such finding, whatever may have been the…
1Opinion of the CourtBombatter, J.
Some confusion has arisen in this case, owing to the state of the pleadings. The petition, instead of setting out the legal facts constituting the plaintiff’s cause of action, sets out the evidence tending to prove the facts. The defendant’s answer, after denying such evidential facts in detail, states another set of evidential facts tending to disprove the facts stated by the plaintiff, and concludes by stating a further series of evidential facts as the basis of two counter-claims, one resting on contract for three hundred and fifty dollars, and one sounding in tort, for one hundred and…
2Cases cited7 opinions
- Brady v. ConnellySupreme Court of Missouri · 1873
- Hickerson v. City of MexicoSupreme Court of Missouri · 1874
- Wright v. SalisburySupreme Court of Missouri · 1870
- Spradling v. ConwaySupreme Court of Missouri · 1872
- Acock v. AcockSupreme Court of Missouri · 1874
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3Cited by1 opinion
- Meriwether v. HoweMissouri Court of Appeals · 1892