Willoughby v. Shipman
Supreme Court of Missouri
Error to Newton Circuit Court. I. The court erred in “ striking out” the issues which had been directed and refusing to order them anew upon defendant’s motion. The objections filed upon the return of the inquest, showed good cause for quashing the proceedings and setting aside the verdict. (R. C. 1845, p. 745, § 14 & 15 ; Payne v. Taylor, 3 A. K. Marsh. 116'8 ; 1 Bibb, 578 ; 4 Ben.
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Error to Newton Circuit Court. I. The court erred in “ striking out” the issues which had been directed and refusing to order them anew upon defendant’s motion. The objections filed upon the return of the inquest, showed good cause for quashing the proceedings and setting aside the verdict. (R. C. 1845, p. 745, § 14 & 15 ; Payne v. Taylor, 3 A. K. Marsh. 116'8 ; 1 Bibb, 578 ; 4 Ben. Monr. 410 ; 7 id. 450.) I. There is no error in the striking out the issues submitted to the jury. They were improperly submitted by the court and should have been struck .out on motion. If the plaintiff in error…
1Opinion of the CourtRichardson, Judge
The objections filed by the plaintiff in error to the inquest of the jury furnished manifest reasons for framing issues to be tried under the direction of the court; and, if the objections are warranted by the facts, it would be a gross wrong to the plaintiff to impair the value of his property without compensating him with ample damages.
By the first section of the act concerning mills and mill-dams it was the duty of the jury to inquire, 1st, what damage such proprietor would sustain by reason of inundation consequent upon the raising of the dam; 2d, whether the mansion-house of any…
2Cases cited1 opinion
- Morgan v. BantaCourt of Appeals of Kentucky · 1809
3Cited by2 opinions
- Bowling v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1942
- Yow v. StateMississippi Supreme Court · 1934