Hohenthal v. Watson
Supreme Court of Missouri
Appeal from Si. Louis Court of Common Pleas. The facts sufficiently appear in the opinion of the court. I. The court below erred in directing the clerk to disregard the finding of damages contained in the verdict of the jury and to enter judgment for the defendant, with an order for a future assessment of damages. If a jury return an imperfect verdict, they may be directed to retire and correct it. (2 G-reenl.
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Appeal from Si. Louis Court of Common Pleas. The facts sufficiently appear in the opinion of the court. I. The court below erred in directing the clerk to disregard the finding of damages contained in the verdict of the jury and to enter judgment for the defendant, with an order for a future assessment of damages. If a jury return an imperfect verdict, they may be directed to retire and correct it. (2 G-reenl. R. 8T; 1 A. K. Marsh. 67.) But where the jury themselves have erred in matter of substance, as by finding for the wrong party, or , for a larger or smaller amount than was proper, and…
1Opinion of the CourtNaptok, Judge
The proceedings in this action, which under common law forms would have been replevin, are regulated solely by the statute. Where the plaintiff is nonsuited, a writ of inquiry must issue to ascertain the value of the property, if the plaintiff has possession of it, and to assess the damages for its taking or detention. Where, however, the case is tried, the jury should regularly assess the value of the property taken in case of a finding for the defendant and where the plaintiff is in possession, and should also assess the damages. This can all be done and ought regularly to be done by the…
2Cited by5 opinions
- White v. Van HoutenSupreme Court of Missouri · 1873
- Drewyour v. MerrellMichigan Supreme Court · 1897
- Farley v. BryantSupreme Court of Missouri · 1864
- Hohenthal v. WatsonSupreme Court of Missouri · 1863
- Newman v. Twin City State BankMissouri Court of Appeals · 1983