Ranney v. Bader
Supreme Court of Missouri
Appeal from Cape Girardeau Circuit Court. .... . The verdict was -not merely informal, but defective/ It-was not certain,-.positive and free from• ambiguity. ■ -Hence it was void. (3 Gra. & Wat. N. T. 1378, 1380-2; Murray v.-King, 8 Ired; 528.) It whs not • responsive to the - issues.(Gra. & Wat. N. T. 1884 et seq.) The clerk could not make the motion to elect part of the record.
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Appeal from Cape Girardeau Circuit Court. .... . The verdict was -not merely informal, but defective/ It-was not certain,-.positive and free from• ambiguity. ■ -Hence it was void. (3 Gra. & Wat. N. T. 1378, 1380-2; Murray v.-King, 8 Ired; 528.) It whs not • responsive to the - issues.(Gra. & Wat. N. T. 1884 et seq.) The clerk could not make the motion to elect part of the record. (United States v. Gamble, 10 Houck, 459.) The order of court compelling plaintiff to elect was a part of the record. (Mortland v. Holton, 44 Mo. 64.) The verdict was good. (State v. Rombauer, 44 Mo. 594. The finding…
1Opinion of the CourtBliss, Judge
This suit was brought for damages for taking personal property, and the judgment is objected to by defendant in consequence of alleged indefiniteness in the verdict.
1. There were two counts in the petition, and a general verdict was given for the plaintiff. Under our system, which requires, when more than one cause of action is being prosecuted, that each cause be separately stated, and with the relief sought, so as to make a complete petition of itself, it is held that the verdict must be responsive' to each statement, and that a general verdict is erroneous. (Brownell v. Pacific R.R. Co.,…
2Cases cited3 opinions
- Brownell v. Pacific RailroadSupreme Court of Missouri · 1871
- State ex rel. Webster v. KnightSupreme Court of Missouri · 1870
- Dozier v. JermanSupreme Court of Missouri · 1860
3Cited by14 opinions
- Brady v. ConnellySupreme Court of Missouri · 1873
- Poulson v. CollierMissouri Court of Appeals · 1885
- Acton v. DooleyMissouri Court of Appeals · 1885
- State Ex Rel. St. Louis Public Service Co. v. BeckerSupreme Court of Missouri · 1933
- Berryman v. Peoples Motorbus Co.Missouri Court of Appeals · 1932
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