Tower v. Moore
Supreme Court of Missouri
Error to Butler Circuit Court. I. A jury trial was wrongfully dispensed with by court. (Brown vs. II. & St. J. B. B. Co., 37 Mo., 299 ; Vaughn vs. Scade, 30 Mo., 604; 2 Abb. U. S. Prac., 140; Gen. Stat., ch 1. 69, § 14, p. 674; Scott vs. Bussell, 39 Mo., 407.) The record discloses that tbe parties either waived a jury trial in open court by appearing and “not deman ding a jury and submitting said cause to the court,” or waived tlie jury trial by not appearing at the trial.
1Opinion of the Court
Sherwood, Judge,
delivered tbe opinion of the court.
Action in the Buffer Circuit Court hv George E. Tower against Benj. B. Moore founded on a promissory note alleged in the petition to have been executed bj^ defendant to one Story, assigned by tbe latter to Douglass and by Douglass to plaintiff’.
*119The answer admitted the execution of the note and its transfer to Douglass, but pleaded payment thereof while in the hands of Douglass, and denied the transfer of the instrument to plaintiff.
A trial was had before the court, resulting in a judgment in .favor of plaintiff. After moving unsuccessfully…
2Cases cited1 opinion
- Vaughn v. ScadeSupreme Court of Missouri · 1860
3Cited by23 opinions
- Bensieck v. CookSupreme Court of Missouri · 1892
- Barnes v. McMullinsSupreme Court of Missouri · 1883
- Briggs v. St. Louis & San Francisco Railway Co.Supreme Court of Missouri · 1892
- Pry v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1880
- State v. GriffinSupreme Court of Missouri · 1889
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