Batterton v. Sims
Missouri Court of Appeals
Error to the Sturgeon Common Pleas Court. — Hon. J. A. Hockaday, Judge. The statute provides that the damages shall be assessed by a jury, or if neither party requires a jury, by the court. The record of the judgment does not show any waiver of a jury by the plaintiff. 2 R. S. 1889, sec. 5500; Briggs v. B’y, 111 Mo. 168-175; Cox & Slingsby v. Moss, 53 Mo. 432; Scott v. Bussell, 39 Mo. 407. There is nothing in plaintiffs’ second point.
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Error to the Sturgeon Common Pleas Court. — Hon. J. A. Hockaday, Judge. The statute provides that the damages shall be assessed by a jury, or if neither party requires a jury, by the court. The record of the judgment does not show any waiver of a jury by the plaintiff. 2 R. S. 1889, sec. 5500; Briggs v. B’y, 111 Mo. 168-175; Cox & Slingsby v. Moss, 53 Mo. 432; Scott v. Bussell, 39 Mo. 407. There is nothing in plaintiffs’ second point. At the trial of defendant’s motion to assess damages, plaintiffs did not appear, but made default, by which a jury was waived. R. S. 1889, sec. 2133; Town v.…
1Opinion of the CourtEllison, J.
Plaintiffs filed their bill for injunction restraining defendant from selling certain lands-described in the bill. An injunction bond, with plaintiff in error as principal and the other plaintiffs in error as sureties, having been given, the temporary restraining order was issued. Afterward, at the October term of the Sturgeon court of common pleas for Boone county, plaintiffs’ bill was dismissed.
Afterward, at the same term of court, the defendants filed their motion for the assessment of damages on the bond. The record of the judgment on the motion is as follows:
“Now on this 26 day of…
2Cases cited2 opinions
- McIntire v. McIntireSupreme Court of Missouri · 1883
- Pendergast v. HodgeMissouri Court of Appeals · 1886
3Cited by2 opinions
- Reckendorfer v. RobertsMissouri Court of Appeals · 1913
- Walker v. Modern Woodmen of AmericaMissouri Court of Appeals · 1915