Ham & Ham Lead & Zinc Investment Co. v. Catherine Lead Co.
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon-. Leo S. Rassieur, Judge. Where the same cause of action is sued on in different counts, and judgment is for plaintiff on one count and for defendant on the other, “the reversal of the judgment, without qualifying or limiting the scope of the order of reversal, and the return of the cause to be again tried, reversed the entire judgment and opened the case for a retrial of the entire controversy.” Wollman v. Loewen, 108 Mo.
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Appeal from St. Louis City Circuit Court. — Hon-. Leo S. Rassieur, Judge. Where the same cause of action is sued on in different counts, and judgment is for plaintiff on one count and for defendant on the other, “the reversal of the judgment, without qualifying or limiting the scope of the order of reversal, and the return of the cause to be again tried, reversed the entire judgment and opened the case for a retrial of the entire controversy.” Wollman v. Loewen, 108 Mo. App. 581; Bottling Co. v. Exposition Co., 240 Mo. 634; Gann v. Mfg. Co., 129 Mo. App. 425; Railroad v. Wyatt, 223 Mo. 355;…
1Opinion of the CourtFaris, J.
This is -an action brought by plaintiff in the circuit court of the city of St. Louis for the recovery of certain commissions which it alleges to be due it for the sale of the mining property of defendant. Plaintiff being by the court coerced into a nonsuit, moved to set the same aside, and when this motion was overruled appealed here in due form.
The case has been here before, the instant one being the second appeal herein. The facts necessary to a full understanding of the case, and which may not be pertinent solely to the instant appeal, will be found reported under the identical title in…
2Cases cited5 opinions
- Turner v. AndersonSupreme Court of Missouri · 1911
- Cramer v. BarmonSupreme Court of Missouri · 1906
- Ham & Ham Lead & Zinc Investment Co. v. Catherine Lead Co.Supreme Court of Missouri · 1913
- Star Bottling Co. v. Louisiana Purchase Exposition Co.Supreme Court of Missouri · 1912
- Hoyle v. FarquharsonSupreme Court of Missouri · 1883
3Cited by4 opinions
- Kimbrough v. SmithMississippi Supreme Court · 1947
- Carney v. United Railways Co.Missouri Court of Appeals · 1920
- Delahunt v. ThuenerSupreme Court of Missouri · 1927
- Francis v. St. Louis County Water Co.Supreme Court of Missouri · 1959