Darrah v. Steamboat Lightfoot
Supreme Court of Missouri
APPEAL from St. Louis Circuit Court. STATEMENT OF THE CASE. The complaint in this case was filed on the 25th February, 1850, returnable to- the April1 term of the circuit court, and was executed on the day it was filed. It set forth that the account accrued on account of the captain; that the boat was engaged in navigating the wateis of this State, and that the subjoined account accrued within six months next preceding the commencement of the suit.
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APPEAL from St. Louis Circuit Court. STATEMENT OF THE CASE. The complaint in this case was filed on the 25th February, 1850, returnable to- the April1 term of the circuit court, and was executed on the day it was filed. It set forth that the account accrued on account of the captain; that the boat was engaged in navigating the wateis of this State, and that the subjoined account accrued within six months next preceding the commencement of the suit. The account was as follows: Use of barge Cato, 17 days, ending August23d 1849..............................$102 Off • • 3 tarpaulins from August 7…
1Opinion of the Court
Ríland, J.,
delivered the opinion of the court.
The only point necessary for us to notice, is the act of the court below in giving the final judgment.
After deciding the demurrer in favor of the petitioners, and giving time to the defendant to answer, which the defendant neglected to do, the court gave judgment for the petitioners by nil dicit, and assessed the damages to the amount of the balance of the account due, as appears by the same in the petition, and interest thereon, making in all the sum of $122 03, without any proof of the items of the account claimed in the petition.
This we think…
2Cited by4 opinions
- Donovan v. BoeckSupreme Court of Missouri · 1909
- City of Guthrie v. T. W. Harvey Lumber Co.Supreme Court of Oklahoma · 1897
- Wagemann v. JordanSupreme Court of Missouri · 1854
- Pitan v. United StatesCourt of Appeals for the Eighth Circuit · 1917