State ex rel. Griswold v. Thayer
Missouri Court of Appeals
Petition for mandamus. The plaintiff may refuse to suffer a nonsuit, and insist upon his case being submitted to the jury ; and if the jury disregard the law, or the instruction of the court, the court may enforce its opinion by awarding a new trial. — Welles v. Qaty, -8 Mo. 681; Clark v. Steamboat, etc., 9 Mo. 146 ; Perrin v. Wilson, 9 Mo. 148 ; Clarlc v. Railroad Go., 36 Mo. 216. Mandamus is the proper remedy here.
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Petition for mandamus. The plaintiff may refuse to suffer a nonsuit, and insist upon his case being submitted to the jury ; and if the jury disregard the law, or the instruction of the court, the court may enforce its opinion by awarding a new trial. — Welles v. Qaty, -8 Mo. 681; Clark v. Steamboat, etc., 9 Mo. 146 ; Perrin v. Wilson, 9 Mo. 148 ; Clarlc v. Railroad Go., 36 Mo. 216. Mandamus is the proper remedy here. The plaintiff is entitled to judgment upon the verdict as of the day it was returned into court. An appeal or writ of error will not meet the case.— The Slate v. Rombauer, 44 Mo.…
1Opinion of the CourtHayden, J.
This is a petition for mandamus against one of the judges of the St. Louis Circuit Court. The facts are, as averred, that the relator brought a suit in that court against the St. Louis, Kansas City, and Northern Railway Company, to recover $10,000 damages ; that after proper proceedings, the case came on for trial before the respondent; that upon such trial, the relator concluded his testimony before the court and a jury empanelled in' the case, and that the respondent instructed the jury in writing, that, under the pleadings and evidence, the plaintiff in the case was not entitled to recover…
2Cases cited9 opinions
- Clark's v. HannibalSupreme Court of Missouri · 1865
- Parks v. RossSupreme Court of the United States · 1851
- Boland v. Missouri RailroadSupreme Court of Missouri · 1865
- State ex rel. Webster v. KnightSupreme Court of Missouri · 1870
- Holman v. Chicago, Rock IsLand & Pacific RailroadSupreme Court of Missouri · 1876
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