Pitts v. Fugate

In this case there were two counts for separate causes of action joined in the petition, one upon a promissory note, the other for money paid to the use of the defendant. There was no separate assessment of damages or verdict on each cause of action, but one verdict and assessment of damages *406in one gross sum on the whole petition. A motion in arrest of judgment for this reason was made and overruled. It has been decided that a judgment rendered upon such a verdict is erroneous—Clark v. Han. & St. Jo. R.R. Co., 36 Mo. 215; Mooney v. Kennett, 19 Mo. 554. The provisions of the present Practice…