Balch v. Myers
Missouri Court of Appeals
Appeal from the Carroll Circuit Court. — Hon. T. Shackleford, Special Judge. (1) The extreme latitude given in the tenth instruction for plaintiff may account in some measure for the extraordinary verdict of the jury. In respect to the amount of damages and monthly rents and profits, they are neither restricted by the amount -claimed, nor by the evidence. The record shows this glaring error.
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Appeal from the Carroll Circuit Court. — Hon. T. Shackleford, Special Judge. (1) The extreme latitude given in the tenth instruction for plaintiff may account in some measure for the extraordinary verdict of the jury. In respect to the amount of damages and monthly rents and profits, they are neither restricted by the amount -claimed, nor by the evidence. The record shows this glaring error. Moore v. Dixon, 50 Mo. 79. (2) The verdict of the jury being so largely in excess of every demand shows it to have been the result of passion and prejudice. “This objection goes to the integrity of the…
1Opinion of the CourtGill, J.
This is an action of forcible entry and detainer, wherein defendant was charged with having unlawfully ousted plaintiff from the possession of a quarter section of land, located in the river bottom, near Brunswick. Both parties have furnished voluminous abstracts of the evidence, concerning which it is only necessary to say, that it tends to prove and disprove all that is claimed by either party. The land lies in between the Missouri and the mouth of the Grand river, and up to a few years ago was only a sand bar; but by accretion and filling from overflows, became suitable for pasturing and…
2Cases cited6 opinions
- Sweet v. MaupinSupreme Court of Missouri · 1877
- McIntire v. McIntireSupreme Court of Missouri · 1883
- Feedler v. SchroederSupreme Court of Missouri · 1875
- Moore v. DixonSupreme Court of Missouri · 1872
- Sitton v. SappMissouri Court of Appeals · 1895
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Gary Realty Co. v. KellySupreme Court of Missouri · 1919
- Wm. S. Merrill Chemical Co. v. NickellsMissouri Court of Appeals · 1896
- Rubel-Jones Agency, Inc. v. JonesDistrict Court, W.D. Missouri · 1958
- Haumueller v. AckermannMissouri Court of Appeals · 1908
- Pierson-Lathrop Grain Co. v. BrittonMissouri Court of Appeals · 1919
2 more not listed; retrieve them via the Exa API.