Legal Opinion

Fortier v. Ball

Supreme Court of Missouri

Decided October 15, 1868PublishedCited by 3 opinions

Error to Second District Court. This action was commenced by plaintiff in error against Ball, < before" a justice of the peace in Jefferson county, January 30, 1867, to recover fifty dollars, the alleged value of a hog of plain- * tiff charged to have been killed by Ball. On March 16, 1867, both parties being present, a jury was sworn to try the case, but the justice, not deeming the plaintiff’s evidence sufficient to entitle him to recover, rendered judgment of non-suit.

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Error to Second District Court. This action was commenced by plaintiff in error against Ball, < before" a justice of the peace in Jefferson county, January 30, 1867, to recover fifty dollars, the alleged value of a hog of plain- * tiff charged to have been killed by Ball. On March 16, 1867, both parties being present, a jury was sworn to try the case, but the justice, not deeming the plaintiff’s evidence sufficient to entitle him to recover, rendered judgment of non-suit. On March 18, 1867, the justice, on motion of plaintiff, made an order to set this judgment aside, and gave defendant…

1Opinion of the CourtBaker, Judge

This action was instituted before a justice of the peace to recover the value of a stock hog which was killed by the negligence of one F. Moore, who, it is claimed, was at the time the servant of the *27defendant, and in the discharge of his duties as such. The case was tried before the justice and a jury. After testimony was heard, the justice, on a motion of the defendant, non-suited the plaintiff. Two days afterward, at the instance of the plaintiff, the justice set the non-suit aside and ordered a new trial. The second trial was had on the 20th day of April, 1867, before the justice and…

2Cited by3 opinions

  1. Lehmer v. SmithMissouri Court of Appeals · 1926
  2. State ex rel. Schonhorst v. ClineMissouri Court of Appeals · 1900
  3. State ex rel. Benson v. BrooksMissouri Court of Appeals · 1912

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