Koerner v. Leathe
Supreme Court of Missouri
Appeal from St. Louis Oity Circuit Court. — Hon. Jacob Klein, Judge. (1) The court erred in refusing a jury. R. S. 1889, sec. 405; Earl v. Hurt, 89 Mo. 263; Benoist v. Thomas, 121 Mo. 664; Gunn v. Thurston, 130 Mo. 339; Rand & McNally v. Wickham, 60 Mo. App. 44; Durene v. Gitchel, 55 Me. 241; Goodwin v. Miller, 32 Ind. 419. This is an action “for the recovery of money,” and no less such because the verdict has been given.
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Appeal from St. Louis Oity Circuit Court. — Hon. Jacob Klein, Judge. (1) The court erred in refusing a jury. R. S. 1889, sec. 405; Earl v. Hurt, 89 Mo. 263; Benoist v. Thomas, 121 Mo. 664; Gunn v. Thurston, 130 Mo. 339; Rand & McNally v. Wickham, 60 Mo. App. 44; Durene v. Gitchel, 55 Me. 241; Goodwin v. Miller, 32 Ind. 419. This is an action “for the recovery of money,” and no less such because the verdict has been given. Experience has shown that this award or “verdict” might be tainted by either of the imperfections enumerated in the statute and for that reason a petition charging any of…
1Opinion of the CourtGantt, P. J.
The parties to this action entered into an agreement of arbitration in accordance with the statutes of this State providing that the award should be made a rule of court.
*365The controversy arose over the claim of the plaintiff against defendant for compensation for legal services rendered by plaintiff to defendant and certain corporations largely owned and managed by defendant.
The arbitrators selected were Messrs. Given Campbell, Samuel N. Holliday and John J. O’Brien. They were first duly qualified, and upon due notice held their sessions, heard the evidence and rendered their award for…
2Cases cited7 opinions
- Boyden v. LambMassachusetts Supreme Judicial Court · 1890
- Goodwine v. MillerIndiana Supreme Court · 1869
- Hyeronimus v. AllisonSupreme Court of Missouri · 1873
- Duren v. GetchellSupreme Judicial Court of Maine · 1867
- Spencer v. CurtisIndiana Supreme Court · 1877
2 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Arbitration of Pope Construction Co. v. State Highway CommissionMissouri Court of Appeals · 1936
- Kirby v. HeatonSupreme Court of Missouri · 1926