Nordmanser v. Hitchcock
Supreme Court of Missouri
Appeal from St. Louis Circuit Court. I. “Where the party or his counsel are absent through misapprehension or necessity, and the cause goes to the jury undefended, and there are merits, the court will relieve by setting aside the verdict” — 1 Gra. & Wat. New Trials, 162; Rex v. Tracy, 2 Strange, 1208; Schonck v. Woolsoy, 8 Cai. (N Y) 100; 2 Salk. 645; Beazley v. Shapleigh, 1 Price, 201; Peebles v. Ralls, 1 Litt.
Read the full summary
Appeal from St. Louis Circuit Court. I. “Where the party or his counsel are absent through misapprehension or necessity, and the cause goes to the jury undefended, and there are merits, the court will relieve by setting aside the verdict” — 1 Gra. & Wat. New Trials, 162; Rex v. Tracy, 2 Strange, 1208; Schonck v. Woolsoy, 8 Cai. (N Y) 100; 2 Salk. 645; Beazley v. Shapleigh, 1 Price, 201; Peebles v. Ralls, 1 Litt. (Ky.) 24; Sayer v. Einck, 2 Cai. 336; Sherrard v. Olden, 1 Halst. (N. J.) .344; Stewart v. Dunett, 3 Mon. (Ky.) 113 ; Honoré v. Murray, 3 Dana, 31; Turnr’s adni’r v. Hooker, 2 Dana,…
1Opinion of the CourtWagner, Judge
Tins was an action instituted for the purpose of recovering judgment against the defendant for an amount of money which the plaintiff alleged he had over-paid on a contract for the sale and delivery of corn. The defendant in his answer *180denied that he owed plaintiff anything, but averred that he had not received all that was due for the corn delivered, and claimed the balance due him as an offset; and also stated that he had been damaged to the amount of $5,000 by reason of the plaintiff refusing to take the corn according to the contract, which had depreciated in value and deteriorated on his…
2Cases cited3 opinions
- Jacob v. McLeanSupreme Court of Missouri · 1856
- Stout v. CalverSupreme Court of Missouri · 1840
- Steigers v. DarbySupreme Court of Missouri · 1844
3Cited by20 opinions
- Lilly v. MenkeSupreme Court of Missouri · 1894
- Downing v. StillSupreme Court of Missouri · 1869
- Benoist v. MurrinSupreme Court of Missouri · 1871
- Wright v. SalisburySupreme Court of Missouri · 1870
- Lanyon v. ChesneySupreme Court of Missouri · 1907
15 more not listed; retrieve them via the Exa API.