Provo Manufacturing Co. v. Severance
Missouri Court of Appeals
Appeal from the Livingston Circuit Cmvrt. — Hon. J. M. Davis, Judge. (1) The verdict is not merely informal but substantially defective. It expresses no sum of money whatever. Even if the dollar sign had been prefixed to the figures it is doubtful whether it would be sufficient.
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Appeal from the Livingston Circuit Cmvrt. — Hon. J. M. Davis, Judge. (1) The verdict is not merely informal but substantially defective. It expresses no sum of money whatever. Even if the dollar sign had been prefixed to the figures it is doubtful whether it would be sufficient. That being omitted, and no word used to indicate a sum of money, it is wholly insufficient to support a judgment. 3 G-raham & Waterman on New Trials, 1378, 1380-2; Henly v. Arluckle, 13 Mo. 209; Barney v. Baker, 48 Mo. 539; Goodallv. Harrison, 2 Mo. 124; Stewart v. Fetch, 31 N. J. L. 17. (2) The statute requires, when…
1Opinion of the CourtGill, J.
Plaintiff sued the defendants for $82.67 on account of goods sold to an alleged copartnership *262of O. 8. Severance & Oo. O. S. Severance made no defense, but A. B. Severance filed an answer containing a general denial, and specifically denying that he was a member of said firm. The cause was tried by a jury, who found for the plaintiff against said A. B. Severance and returned a verdict in this form:
“We, the jury, find for the plaintiff for the sum of 82.67 with interest at six per cent, from February 1, 1889— total amount 90.85.
“J. T. Cobb, “Foreman.”
Upon this verdict the court entered…
2Cases cited10 opinions
- Daniels v. McGinnisIndiana Supreme Court · 1884
- Muller v. St. Louis Hospital Ass'nSupreme Court of Missouri · 1880
- Thames Loan & Trust Co. v. BevilleIndiana Supreme Court · 1885
- Snyder v. United StatesSupreme Court of the United States · 1884
- Grant v. Brotherton's Administrator ex rel. JanneySupreme Court of Missouri · 1842
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3Cited by4 opinions
- Central of Georgia Railway Co. v. MoteSupreme Court of Georgia · 1908
- Pope v. RamseyMissouri Court of Appeals · 1899
- Kenney v. Kansas CityMissouri Court of Appeals · 1899
- Cox v. BrightMissouri Court of Appeals · 1896