Hurt v. Ford
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Hon. J. H. Slover, Judge. (1) The motion for judgment non obstante veredicto was filed out of time.
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Appeal from Jackson Circuit Court. — Hon. J. H. Slover, Judge. (1) The motion for judgment non obstante veredicto was filed out of time. It should have been made upon the rendition of the verdict and before the entry of judgment. ' At least it should have been made within four days after verdict. 2 Tidd’s Practice, p. 920; Freeman on Judg., p. 7; State v. Bank, 14 Miss. 215; Schermerhorn v. Schermerhorn, 5 Wend. 514; Harrison v. Railroad, 11 C. B. 541. (2) This motion is never resorted to in connection with a motion for a new trial. 2 Tidd’s Practice, 920. (3) The theory for the motion for…
1Dissent
Barclay, 0. J.
(dissenting). — When this cause was in the first division an opinion was filed (36 S. W. Rep. 671) which expresses our idea of the case. In view of the full statement of facts in the learned opinion of the majority of the Court in banc, some parts of the divisional opinion need not now be repeated.
1. A number of minor points in regard to the procedure in the circuit court have been raised. We shall not touch upon them all, but discuss only those which seem to be finally material.
As plaintiff had possession of the note and filed it, the burden of proof at the trial was upon…
2Cases cited24 opinions
- Burke v. DulaneySupreme Court of the United States · 1894
- Bunyan v. Citizens' Railway Co.Supreme Court of Missouri · 1895
- State ex rel. Bothrick v. PotterSupreme Court of Missouri · 1876
- Westman v. KrumweideSupreme Court of Minnesota · 1883
- Jones v. ShawSupreme Court of Missouri · 1878
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