Henry v. Lowe
Supreme Court of Missouri
Appeal from Johnson Circuit Court. — Hon. Noah M. Gtvan, Judge. 1. Plaintiff having one count under the statute, and one‘count under the common law, and the verdict being general, without any finding of value, it will be presumed by the court to be for single damages only, and the court has no power to treble the damages. 2. Section 5, chapter 138, Wagner’s Statutes, is not found in the revision of 1855, but is section 1 of an act approved February 20th, 1857, and makes no…
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Appeal from Johnson Circuit Court. — Hon. Noah M. Gtvan, Judge. 1. Plaintiff having one count under the statute, and one‘count under the common law, and the verdict being general, without any finding of value, it will be presumed by the court to be for single damages only, and the court has no power to treble the damages. 2. Section 5, chapter 138, Wagner’s Statutes, is not found in the revision of 1855, but is section 1 of an act approved February 20th, 1857, and makes no provision in any of its parts for anything but single damages, and provides a remedy and enacts a penalty for a trespass…
1Opinion of the CourtHough, J.
1. -practice in supremecourt: generai verdict on several causes of action.
The petition in this case contained two counts, and although there was a general verdict for the plaintiff', it will be unnecessary for us to dex . termine whether these counts stated several and distinct causes of action, or only one cause of action in different forms, inasmuch as no objection was made to the verdict in the court below, and such objection cannot be made for the first time in this court. Bigelow v. N. M. R. R. Co., 48 Mo. 510; Owens v. Hanni*99bal & St. Joseph R. R. Co., 58 Mo. 386, 394. Besides, it…
2Cases cited3 opinions
- Owens v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1874
- Walther v. WarnerSupreme Court of Missouri · 1858
- Bigelow v. North Missouri RailroadSupreme Court of Missouri · 1871
3Cited by16 opinions
- Murray v. AllredTennessee Supreme Court · 1897
- Abbey v. StateNorth Dakota Supreme Court · 1972
- Curlee v. DonaldsonMissouri Court of Appeals · 1950
- Holliday v. JacksonMissouri Court of Appeals · 1886
- Cox v. St. Louis, Memphis & Southeastern Railway Co.Missouri Court of Appeals · 1905
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