Jones v. Springfield Traction Co.
Missouri Court of Appeals
Appeal from Webster Circuit Court. — Eon. Argus Cox, Judge. Tbe action of tbe Greene Circuit Court in quashing tbe panel of jurors after issue joined and jury sworn was in legal effect a nonsuit and tbe court erred in continuing tbe cause. Tbe court upon review should have dismissed said action. Tbe alleged affidavit upon which said action was predicated is in law no affidavit.
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Appeal from Webster Circuit Court. — Eon. Argus Cox, Judge. Tbe action of tbe Greene Circuit Court in quashing tbe panel of jurors after issue joined and jury sworn was in legal effect a nonsuit and tbe court erred in continuing tbe cause. Tbe court upon review should have dismissed said action. Tbe alleged affidavit upon which said action was predicated is in law no affidavit. It does not allege a single fact, hence refuge cannot be taken behind tbe claim that it was tbe exercise of a discretion which cannot be reviewed. State v. Craft, 164 Mo. 631; State v. Grennan, 164 Mo. 487. Even if tbe…
1Opinion of the CourtNortoni, J.
— The plaintiff is a minor. She sues by her next friend, duly appointed and qualified. The action is for damages alleged to have accrued to the plaintiff through personal injuries ‘ received while in the act of alighting from defendant’s street car. Plaintiff recovered and the defendant appeals. The case originated in the circuit court of Greene county. It was afterwards transferred by change of venue to the circuit court of Webster county, where the trial was had.
*411The first complaint on appeal relates to the action of the court in discharging the jury after it was empaneled to try the cause.…
2Cases cited8 opinions
- Scovill v. GlasnerSupreme Court of Missouri · 1883
- Holloway v. Kansas CitySupreme Court of Missouri · 1904
- Liese v. MeyerSupreme Court of Missouri · 1898
- Cobb v. Lindell Railway Co.Supreme Court of Missouri · 1899
- Cullar v. Missouri, Kansas & Texas Railway Co.Missouri Court of Appeals · 1900
3 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Patterson v. Springfield Traction Co.Missouri Court of Appeals · 1914
- City Light, Power, Ice & Storage Co. v. St. Marys Machine Co.Missouri Court of Appeals · 1913
- Monroe v. United Railways Co.Missouri Court of Appeals · 1910
- Chalmers v. United Railways Co.Missouri Court of Appeals · 1910
- Groshong v. United Railways Co.Missouri Court of Appeals · 1909
1 more not listed; retrieve them via the Exa API.