Stroud v. Morton
Missouri Court of Appeals
Appeal from the Vernon Circuit Court. — Hon. D. P. Stratton, Judge. Appellant contends that the verdict is not sufficient to support the judgment, for three reasons: First, because the verdict does not describe nor refer to in any manner the property as set forth in the judgment. Second, the jury did not find the value of the property. Third, the verdict does not state whether the defendant has the right of property or the right of possession only.
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Appeal from the Vernon Circuit Court. — Hon. D. P. Stratton, Judge. Appellant contends that the verdict is not sufficient to support the judgment, for three reasons: First, because the verdict does not describe nor refer to in any manner the property as set forth in the judgment. Second, the jury did not find the value of the property. Third, the verdict does not state whether the defendant has the right of property or the right of possession only. And for these reasons the cause should be reversed and remanded. It has been repeatedly held in this state that verdicts of this form will not…
1Opinion of the CourtGill, J.
Statement This is an action in replevin, instituted before a justice of the peace, and involves the ownership and right to possession of eight hundred bushels of corn. Under the writ the corn was taken from defendant and given over to plaintiff who held the same at the trial. Defendant was successful in the justice’s court and also in the circuit court to which the plaintiff appealed. The sole question here is, whether the cause should be reversed and remanded because of the form of the verdict and judgment. The verdict in the circuit court was as follows:
“We the jury find the issues for the…
2Cases cited6 opinions
- Garth v. CaldwellSupreme Court of Missouri · 1880
- White v. GravesSupreme Court of Missouri · 1878
- Dillard v. McClureMissouri Court of Appeals · 1896
- Puller v. ThomasMissouri Court of Appeals · 1889
- Clarkson v. JenkinsMissouri Court of Appeals · 1892
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Kunz v. NelsonUtah Supreme Court · 1938
- Absher v. FranklinMissouri Court of Appeals · 1906
- M'cLean v. BerkabileMissouri Court of Appeals · 1907
- Central Missouri Trust Co. v. WulfertMissouri Court of Appeals · 1917
- Dixon v. AtkinsonMissouri Court of Appeals · 1900
4 more not listed; retrieve them via the Exa API.