Marshall v. Armstrong
Missouri Court of Appeals
Appeal from Scott Circuit Court. — Hon. II. G. Riley, Judge. (1) Upon the face of the record the judgment is erroneous, as it is shown to have been rendered on a finding and verdict of seven jurors. Bank v. Anderson, 1 Mo. 244; State v. Mansfield, 41 Mo. 470; Vaughn v. Skade, 30 Mo. 603; Tapley v. Matson, 38 Mo. 489. (2) The case was tried upon issues not raised by the pleadings.
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Appeal from Scott Circuit Court. — Hon. II. G. Riley, Judge. (1) Upon the face of the record the judgment is erroneous, as it is shown to have been rendered on a finding and verdict of seven jurors. Bank v. Anderson, 1 Mo. 244; State v. Mansfield, 41 Mo. 470; Vaughn v. Skade, 30 Mo. 603; Tapley v. Matson, 38 Mo. 489. (2) The case was tried upon issues not raised by the pleadings. Defendant’s answer pleaded a counterclaim in his favor for five hundred dollars ($500.00) against the firm of Marshall & Brother. This was not a mutual indebtedness between the parties and was not the subject of…
1Opinion of the Court
REYBURN, J.,
(after stating the facts as above).
1. The plaintiff was entitled to a verdict, under the amendment to the constitution, concurred in by at least three-fourths of the members of the jury, and the' verdict as rendered by seven jurors, was fatally defective and in legal effect no verdict at all. Girdner v. Bryan, 94 Mo. App. 27.
2. The form of the verdict was incomplete in containing no finding upon all the issues submitted to the jury; there should have been separate findings upon plaintiff’s cause of action and defendant’s counterclaim respectively. Henderson v. Davis, 74 Mo. App.…
2Cases cited3 opinions
- Henderson v. DavisMissouri Court of Appeals · 1898
- Girdner v. BryanMissouri Court of Appeals · 1902
- Hitchcock v. BaughanMissouri Court of Appeals · 1891
3Cited by6 opinions
- Hann v. Venetian Blind CorporationDistrict Court, S.D. California · 1936
- French Republic v. Inland Nav. Co.District Court, E.D. Missouri · 1920
- Nowell v. ModeMissouri Court of Appeals · 1908
- Cosgrove v. StangeMissouri Court of Appeals · 1916
- Winkelman v. MaddoxMissouri Court of Appeals · 1906
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