Besshears v. Rowe
Supreme Court of Missouri
Appeal from Sixth District Court. I. The question at bar was exclusively for trial by the 'court, just -as a motion to quash'an execution’, or to have satisfaction of a judgment entered of record. N. But if it was proper to call a jury, then the whole issue should have been submitted to a jury, subject to instructions from the court. «There is no warrant for framing special issues and submitting them to a jury.
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Appeal from Sixth District Court. I. The question at bar was exclusively for trial by the 'court, just -as a motion to quash'an execution’, or to have satisfaction of a judgment entered of record. N. But if it was proper to call a jury, then the whole issue should have been submitted to a jury, subject to instructions from the court. «There is no warrant for framing special issues and submitting them to a jury. The only eases in which they are authorized are specified"in sections 12 and 18, Wagn. Stat. 1041. This provision is well understood to apply to those cases under our practice which,…
1Opinion of the CourtCurrier, Judge
This is a proceeding under the statute (2 Wagn. Stat. 1137, §§ 14, 15) for the reinstatement of a judgment rendered May 80, 1860, for $1,224.70, the record of it having been destroyed. The answer admits the rendition of the judgment, and then proceeds to show a state of facts which are supposed to operate a release and satisfaction of it as against the defendant.
It is averred that defendant bargained to one Brown certain real estate, which ivas subject to the lien of a judgment, for the sum of $3,250; that prior to a conveyance of the property it was mutually arranged between Brown (the…
2Cases cited4 opinions
- Barker v. BucklinNew York Supreme Court · 1846
- Farley v. ClevelandNew York Supreme Court · 1825
- Fullam v. AdamsSupreme Court of Vermont · 1864
- Atkisson v. Steamboat Castle GardenSupreme Court of Missouri · 1859
3Cited by15 opinions
- Spann v. Cochran & EwingTexas Supreme Court · 1885
- Calkins v. ChandlerMichigan Supreme Court · 1877
- Barker v. ScudderSupreme Court of Missouri · 1874
- American Lead Pencil Co. v. F. A. Wolfe & Co.Supreme Court of Florida · 1892
- Flanagan v. HutchinsonSupreme Court of Missouri · 1871
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