Clemens v. Collins
Supreme Court of Missouri
APPEAL from St. Louis Criminal Court. I* A new trial ought to have been granted because the verdict is against law in thisi 1st. The right o£ action at all, in such cases, is given by the statute, and is contingent in its creation, depending upon the performance of a certain precedent, that is, due diligence on the part of the holder, as against all parties and funds primarily liable. This appears to be settled in Collins vs. Washburton and Kirbey, 3 Mo.
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APPEAL from St. Louis Criminal Court. I* A new trial ought to have been granted because the verdict is against law in thisi 1st. The right o£ action at all, in such cases, is given by the statute, and is contingent in its creation, depending upon the performance of a certain precedent, that is, due diligence on the part of the holder, as against all parties and funds primarily liable. This appears to be settled in Collins vs. Washburton and Kirbey, 3 Mo. It. 202 ; and Deleny’s Exr. vs. Kerr, 10 Missouri it. 553. u In this phrase of the case, (hero is no neccssiiyto enquire how much the party…
1Opinion of the CourtRyland, J.
This case has been once before this court, and was reversed and remanded, a trial was again had and judgment rendered for the plaintiff, the present appellee.
The case is reported in the 11th vol. Missouri Reports, page 320. It was reversed as appears from the reported decision on account of an instruction given by the court below for the plaintiff.
This instruction was not asked for nor was any similar instruction given for plaintiff on the second trial.
We shall again state the material facts of this case, and also insert the instructions given, as they appear by the record and proceedings now…
2Cited by5 opinions
- Brownell v. Pacific RailroadSupreme Court of Missouri · 1871
- Zellars v. Missouri Water & Light Co.Missouri Court of Appeals · 1902
- Maguire v. St. Louis Transit Co.Missouri Court of Appeals · 1903
- McMurray v. St. Louis Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1910
- Baker v. BladesSupreme Court of Missouri · 1856