Girdner v. Bryan
Missouri Court of Appeals
Appeal from Mercer Circuit Court.- — Hon. P. O. Stepp, Judge. (1) By constitutional provision the right of trial by jury with all its substantial incidents and consequences, is placed as at common law and beyond the reach of legislative or judicial interference.
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Appeal from Mercer Circuit Court.- — Hon. P. O. Stepp, Judge. (1) By constitutional provision the right of trial by jury with all its substantial incidents and consequences, is placed as at common law and beyond the reach of legislative or judicial interference. Foster v. Kirby, 31 Mo. 496; Henning v. Railroad, 35 Mo. 408; State ex rel. v. Withrow, 133 Mo. 500; O’Day v. Conn, 131 Mo. 321; State v. Bockstruck, 136 Mo. 335. (2) The constitutional amendment permitting verdict to be returned in cases suclx as tbe one at bar, “by three-four tbs of the members of the jury concurring,” did not take…
1Opinion of the CourtSmith, P. J.
This is an action which was brought before a justice of the peace to recover fifty dollars actual and fifty dollars punitory damages for the willful and wrongful killing*by defendant of a St. Bernard dog,'the property of *29the plaintiff. The cause was removed by appeal to the circuit court where there was a trial to a jury whose verdict, as appears from the judgment contained in the record, was: “We, the jury, by a vote of ten to two, find for plaintiff; and by a vote of nine to three assess the plaintiff’s damages at ten dollars.”
■ The bill of exceptions was not filed until three days after…
2Cases cited5 opinions
- State v. KyleSupreme Court of Missouri · 1901
- Sweet v. MaupinSupreme Court of Missouri · 1877
- Vaughn v. ScadeSupreme Court of Missouri · 1860
- People's Bank v. ScalzoSupreme Court of Missouri · 1895
- State v. PetersonSupreme Court of Vermont · 1869
3Cited by7 opinions
- Pacific Mutual Life Ins. Co. v. AdamsSupreme Court of Oklahoma · 1910
- Stark v. ColeMissouri Court of Appeals · 1963
- City of St. Louis v. Senter Commission Co.Supreme Court of Missouri · 1937
- Marshall v. ArmstrongMissouri Court of Appeals · 1904
- Lewis v. VargasMissouri Court of Appeals · 1990
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