Hurt v. Ford
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Hon. J. H. Slover, Judge. (1) The motion for judgment non obstante veredicto was filed out of time.
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Appeal from Jackson Circuit Court. — Hon. J. H. Slover, Judge. (1) The motion for judgment non obstante veredicto was filed out of time. It should have been made upon the rendition of the verdict and before the entry of judgment. ' At least it should have been made within four days after verdict. 2 Tidd’s Practice, p. 920; Freeman on Judg., p. 7; State v. Bank, 14 Miss. 215; Schermerhorn v. Schermerhorn, 5 Wend. 514; Harrison v. Railroad, 11 C. B. 541. (2) This motion is never resorted to in connection with a motion for a new trial. 2 Tidd’s Practice, 920. (3) The theory for the motion for…
1Opinion of the CourtBurgess, J.
This is a suit upon a negotiable promissory note for the sum of $8,500, dated on the ninth day of November, 1887, executed by defendants and payable to the order of plaintiff on or before twelve *289months after its date. The material allegations of the petition upon which the case was tried are as follows:
“Plaintiff, for her amended petition, leave of court having first been obtained, states that the said defendant, Geo. D. Ford, and the said defendant, John R. Towers, under and by the name of J. R. Towers, on November 9, 1887, made, executed and delivered to the plaintiff herein their certain…
2Cases cited25 opinions
- Northrup v. Mississippi Valley InsuranceSupreme Court of Missouri · 1871
- Nelson v. BrodhackSupreme Court of Missouri · 1869
- Greenway v. JamesSupreme Court of Missouri · 1864
- Springer v. KleinsorgeSupreme Court of Missouri · 1884
- State ex rel. Bothrick v. PotterSupreme Court of Missouri · 1876
20 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Wahl v. CunninghamSupreme Court of Missouri · 1928
- Meffert v. LawsonSupreme Court of Missouri · 1926
- John T. Brown, Inc. v. WEBER IMPLEMENT & AUTO. COSupreme Court of Missouri · 1953
- Hillman v. AllenSupreme Court of Missouri · 1898
- Schmidt v. RozierMissouri Court of Appeals · 1906
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