Needles v. Burk
Supreme Court of Missouri
Certified from Kansas City Court of Appeals on Division of Opinion. (1) When two causes of action are joined in one petition, and a separate verdict returned on each, and a new trial is had of one cause, the plaintiff may dismiss as to this cause, and take judgment for the other.
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Certified from Kansas City Court of Appeals on Division of Opinion. (1) When two causes of action are joined in one petition, and a separate verdict returned on each, and a new trial is had of one cause, the plaintiff may dismiss as to this cause, and take judgment for the other. Mooney v. Kennett, 19 Mo. 551. (2) “If there are several counts in a declaration, and a verdict is taken upon only one of these counts, it is good, provided all that is in issue upon that count be found: because every count is to be considered as a distinct declaration.” 4 Bacon’s Ab. [15 Ed.] 19. (1) After appellant…
1Opinion of the CourtBlack, J.
— The petition is in two counts, each for a distinct cause of action. The jury returned a verdict for plaintiff for $143.60 on the first and for five dollars on the second count. Defendant appealed, and this court reversed the judgment and remanded the cause. The circuit court then made a rule on the plaintiff to give security for costs within sixty days. At a subsequent term, and without having obeyed the rule, the plaintiff dismissed as to the first count and moved for judgment on the second on the former verdict. Pending this motion, the court dismissed the suit for failure of plaintiff to…
2Cited by6 opinions
- Hurley v. KennallySupreme Court of Missouri · 1905
- Cramer v. BarmonSupreme Court of Missouri · 1906
- Smith v. BaerSupreme Court of Missouri · 1902
- Roberts v. Central Lead Co.Missouri Court of Appeals · 1902
- Wollman v. LoewenMissouri Court of Appeals · 1904
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