Jones v. St. Joseph Fire & Marine Insurance
Supreme Court of Missouri
Appeal from Clinton Circidt Court. I. The petition nowhere alleges the value of the property-destroyed, or that it was of any value whatever, or that the plaintiff sustained any loss, or that the destruction of said property so insured was any damage or loss to plaintiff. II. The court without the intervention of a jury had no authority to try and determine the matters in controversy in this case. (Wagn.
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Appeal from Clinton Circidt Court. I. The petition nowhere alleges the value of the property-destroyed, or that it was of any value whatever, or that the plaintiff sustained any loss, or that the destruction of said property so insured was any damage or loss to plaintiff. II. The court without the intervention of a jury had no authority to try and determine the matters in controversy in this case. (Wagn. Stat., 1040, §12.) The defendant had filed an answer pleading to the merits. This was an “appearance” as meant by the statute. (Wagn. Stat., 1041, §14 ; Benton vs. Lindell, 10 Mo., 557; Pratt…
1Opinion of the CourtNapton, Judge
Since this case came here by appeal, an amendment nunc pro tunc of the judgment originally entered was made in the Circuit Court, correcting errors in the original entry made by the clerk. This was done on motion after due notice to the opposite party; and the correction having been ordered and made* we w-ill presume that the court had sufficient evidence in its records to authorize the change in the entry; and the objection now taken, that the court had no power, after the case was brought here by appeal or writ of error to make an entry nunc pro tunc, has been heretofore considered and…
2Cases cited3 opinions
- DeKalb County v. HixonSupreme Court of Missouri · 1869
- Benton v. LindellSupreme Court of Missouri · 1847
- Pratte v. CorlSupreme Court of Missouri · 1845
3Cited by24 opinions
- Chicago, Milwaukee & St. Paul Railway Co. v. Randolph Town-Site Co.Supreme Court of Missouri · 1890
- Exchange National Bank v. AllenSupreme Court of Missouri · 1878
- Crawford v. Chicago, Rock Island & Pacific Railway Co.Missouri Court of Appeals · 1902
- State ex rel. Reid v. GriffithSupreme Court of Missouri · 1876
- State v. GordonSupreme Court of Missouri · 1906
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