City of Jefferson v. Wells
Supreme Court of Missouri
Appeal from Cole Circuit Court.- — Hon. J. G. Slate, Judge. (1) The judgment must conform to the verdict. It is a universal principle of law that the judgment must respond to and be based upon the verdict.
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Appeal from Cole Circuit Court.- — Hon. J. G. Slate, Judge. (1) The judgment must conform to the verdict. It is a universal principle of law that the judgment must respond to and be based upon the verdict. In this case the verdict in unmistakable terms finds “that the net damages of said defendants is $750, for which said amount we return our verdict for said defendants. ’ ’ Upon that verdict defendants were entitled to a clear and unmistakable judgment to the effect that the city was entitled to defendants ’ land taken for the street upon the payment to said defendants or into court for them…
1Opinion of the CourtWoodson, P. J.
This suit was instituted in the circuit court, of Cole county, by the city of Jefferson against John E. Wells et al., to condemn a strip of ground sixty feet wide, for street purposes, from the present eastern terminus of McCarty street to the eastern boundary of said city, being nine hundred and three feet in length.
The trial ultimately resulted in a judgment assessing certain damages and benefits in favor of the defendants, from which only the defendant Wells and his sister appealed.
The facts are undisputed, and are substantially stated by counsel for defendants in- the following language :
“…
2Cases cited6 opinions
- Leopold v. City of ChicagoIllinois Supreme Court · 1894
- City of Norfolk v. ChamberlainSupreme Court of Virginia · 1892
- Hall v. Mullanphy Planing Mill Co.Missouri Court of Appeals · 1885
- Haumueller v. AckermannMissouri Court of Appeals · 1908
- Goodrich v. City of OmahaNebraska Supreme Court · 1880
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Simms v. ThompsonSupreme Court of Missouri · 1922
- City of St. Louis Park v. EngellSupreme Court of Minnesota · 1969
- Albers v. City of St. LouisSupreme Court of Missouri · 1916
- Kanan v. HoganSupreme Court of Missouri · 1925
- Thomson v. Kansas CitySupreme Court of Missouri · 1964