Bassett v. Glover
Missouri Court of Appeals
Appeal from the. St. Louis Circuit Court, Hon. George W. Lubke, Judge. Klein & Fisse, for the appellants : The case was tried upon the theory, expressly announced by plaintiff ’ s counsel, that no relief was asked or to be granted except relief at law. In such a case, the court has no authority to render a judgment upon any other contract than the one set out in the petition as the foundation of the action.
Read the full summary
Appeal from the. St. Louis Circuit Court, Hon. George W. Lubke, Judge. Klein & Fisse, for the appellants : The case was tried upon the theory, expressly announced by plaintiff ’ s counsel, that no relief was asked or to be granted except relief at law. In such a case, the court has no authority to render a judgment upon any other contract than the one set out in the petition as the foundation of the action. Leake on Contracts [Ed. 1878] 314, 318 ; 2 Parsons on Contracts [7 Ed.] *495, 497; JRayburn n. jDever, 8 Mo. 104; Leitsendorfer v. Delphy, 15 Mo. 160 ; McGlurg v. Phillips, 49 Mo. 315,…
1Opinion of the CourtThompson, J.
This action is brought on a contract against the personal representatives of Samuel T. Grlover and John R. Shepley, who were partners in the practice of the law under the firm name of Grlover & Shepley. The case was tried in the circuit court without a jury, resulting in a judgment for the plaintiff, from which the defendants prosecute this appeal.
The evidence adduced at the trial does not, so far as we<can see, present any controversy, or even discrepancy, as to a single fact. Upon the facts, the judgment which was rendered declares merely the conclusion of the law. This judgment must stand,…
Also in this document: Concurrence.
2Cases cited14 opinions
- White v. HermannIllinois Supreme Court · 1869
- Abbott v. AbbottSupreme Judicial Court of Maine · 1863
- State v. BabbSupreme Court of Missouri · 1882
- Barry v. OttoSupreme Court of Missouri · 1874
- Peterkin v. InloesCourt of Appeals of Maryland · 1853
9 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Snip v. City of LamarMissouri Court of Appeals · 1947
- Barlow v. ElliottMissouri Court of Appeals · 1894
- Owsley v. JacksonMissouri Court of Appeals · 1912
- Phillips v. BachelderMissouri Court of Appeals · 1891
- Porter v. St. Louis, Iron Mountain & Southern Railway Co.Missouri Court of Appeals · 1896
2 more not listed; retrieve them via the Exa API.