Lindsey v. Nagel
Missouri Court of Appeals
Appeal from Lewis Circuit Court. — Eon. Chas. D. Stewart, Judge. (1) The verdict of the jury is improper and insufficient in form, and not responsive to the issues made by the pleadings, in the following particulars: The verdict failed to make a separate finding on each count of plaintiff’s petition.
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Appeal from Lewis Circuit Court. — Eon. Chas. D. Stewart, Judge. (1) The verdict of the jury is improper and insufficient in form, and not responsive to the issues made by the pleadings, in the following particulars: The verdict failed to make a separate finding on each count of plaintiff’s petition. It failed also to make any finding on defendants’ counterclaim, (a) Where there is a finding for plaintiff on a petition that states more than one cause of action there must be a separate verdict and a distinct assessment of damages on each count, otherwise it is impossible for the court to know…
1Opinion of the Court
REYNOLDS, P. J.-
— The petition in this case consists of five counts, the first claiming $700 on account of a quantity of stone taken from' a quarry under a written contract; the second, on the same contract, alleges another violation as to the terms of it as to opening and-operating the quarry. The third count, on the same contract, avers that when defendants left the quarry, they violated the terms of the contract in that they had not left it in workmanlike condition; the fourth averring that while operating under the contract defendants had destroyed some fence posts; and the ‘fifth, also…
2Cases cited12 opinions
- Gamble v. DaughertySupreme Court of Missouri · 1880
- Pope v. RamseyMissouri Court of Appeals · 1899
- Ryan v. GrowneySupreme Court of Missouri · 1894
- Nowell v. ModeMissouri Court of Appeals · 1908
- Malone v. Fidelity & Casualty Co.Missouri Court of Appeals · 1897
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3Cited by9 opinions
- State Ex Rel. Holtkamp v. Hartmann.Supreme Court of Missouri · 1932
- Fleming v. Clark Township of Chariton CountySupreme Court of Missouri · 1962
- Hughes v. Mississippi River & Bonne Terre RailwaySupreme Court of Missouri · 1925
- Newdiger v. Kansas CitySupreme Court of Missouri · 1938
- Cosgrove v. StangeMissouri Court of Appeals · 1916
4 more not listed; retrieve them via the Exa API.