Roney v. Organ
Missouri Court of Appeals
Appeal from Shannon County Circuit Court.—Hon. W. N. Evans, Judge. The verdict and judgment for exemplary damages is good, although no actual or nominal damage is given. The only party to the record who could question a verdict of this kind is the plaintiff. The defendant is in no position to raise any objection to it. He cannot complain the verdict is for less than it should he.
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Appeal from Shannon County Circuit Court.—Hon. W. N. Evans, Judge. The verdict and judgment for exemplary damages is good, although no actual or nominal damage is given. The only party to the record who could question a verdict of this kind is the plaintiff. The defendant is in no position to raise any objection to it. He cannot complain the verdict is for less than it should he. Tifl.mpp.rt v. Drug Co., 141 S. W. 1097, and cases cited; Hoagland v. Amusement Co., 170 Mo. 345; Ferguson v. Publishing Co., 72 Mo. App. 462; Adams v. Frisco, 130 S. W. 50. (1) At least nominal damages must be found…
1Opinion of the CourtFarrington, J.
Action for libel filed in the Dent county circuit court. Change of venue to Shannon county. Trial by jury and verdict for plaintiff for one hundred dollars exemplary damages, nothing being said in the verdict as to actual damages. The circuit court granted defendant a new trial, specifying as the reason that the form of the verdict was erroneous. Plaintiff appealed from the order sustaining the motion for a new trial.
In his petition, the plaintiff alleges that he is now and for a long time has been a resident of Salem, Dent county, Missouri, and that the defendant is a resident of the same…
2Cases cited18 opinions
- Hewitt v. SteeleSupreme Court of Missouri · 1893
- Lampert v. Judge & Dolph Drug Co.Supreme Court of Missouri · 1911
- Courtney v. BlackwellSupreme Court of Missouri · 1899
- Crawford v. Kansas City Stock Yards Co.Supreme Court of Missouri · 1908
- Hoagland v. Forest Park Highlands Amusement Co.Supreme Court of Missouri · 1902
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3Cited by5 opinions
- Cremer v. MayMissouri Court of Appeals · 1928
- Hall v. BrookshireSupreme Court of Missouri · 1954
- Gabbert v. EvansMissouri Court of Appeals · 1914
- Dickensheet v. Chouteau Mining Co.Missouri Court of Appeals · 1918
- Robinson v. Riverside Concrete, Inc.Missouri Court of Appeals · 1976