Shelton & Sires v. Thompson Bennett & Co.
Missouri Court of Appeals
Appeal from Grundy Circuit Court. — Hew. Paris C. Stepp, Judge. (1) “It is the settled doctrine of this court that if upon the pleadings and undisputed facts the judgment is for the right party, there can he no reversal no matter what errors intervened npon the trial.
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Appeal from Grundy Circuit Court. — Hew. Paris C. Stepp, Judge. (1) “It is the settled doctrine of this court that if upon the pleadings and undisputed facts the judgment is for the right party, there can he no reversal no matter what errors intervened npon the trial. Then, npon the same principle, if the judgment is for the right party, npon the undisputed or admitted facts in the trial court, that court should not disturb the verdict and judgment thereon, notwithstanding error in instructions was made by it.” Homuth v. Railway, 129 Mo. 642; Ittner v. Hughes, 133 Mo. 689; Roe v. Bank, 167…
1Opinion of the CourtBroaddus, J.
This suit originated in a justice’s court, where trial was had, appeal taken to the circuit court of the county, where on trial anew the plaintiff recovered judgment, which the court on motion for a new trial set aside. From this action of the court in setting said verdict aside, the plaintiffs appealed. The action is replevin, to obtain the possession of fifteen hogs, of which, it is alleged, the plaintiffs were the owners, and which the defendants unlawfully withheld. It appears that the parties to the suit are stock-shipping firms doing business at Spickards, Grundy county, Missouri; that…
2Cases cited2 opinions
- St. Louis, Keokuk & Northwestern Railway Co. v. ClarkSupreme Court of Missouri · 1894
- Aultman v. BoothSupreme Court of Missouri · 1888
3Cited by4 opinions
- Gibson v. StalnakerWest Virginia Supreme Court · 1921
- Ugland v. Farmers & Merchants' State BankNorth Dakota Supreme Court · 1912
- Collins v. LackeySupreme Court of Oklahoma · 1912
- Altoona Portland Cement Co. v. BurbankSupreme Court of Oklahoma · 1914