Erdbruegger v. Meier
Missouri Court of Appeals
Appeal from the St. Louis County Circuit Court, Edwards, J. There must be a separate finding upon each issue. — Clark v. Railroad, 36 Mo. 215 ; The State ex rel. v. Dulle, 45 Mo. 270; Brownell v. Railroad, 47 Mo. 243. “Where the finding is a general one, it will raise a presumption that all the issues have been duly considered by the jury (Stout v. Calver, 6 Mo. 256) ; and where the finding is merely defective or imperfect, the judgment will not be reversed, unless a motion…
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Appeal from the St. Louis County Circuit Court, Edwards, J. There must be a separate finding upon each issue. — Clark v. Railroad, 36 Mo. 215 ; The State ex rel. v. Dulle, 45 Mo. 270; Brownell v. Railroad, 47 Mo. 243. “Where the finding is a general one, it will raise a presumption that all the issues have been duly considered by the jury (Stout v. Calver, 6 Mo. 256) ; and where the finding is merely defective or imperfect, the judgment will not be reversed, unless a motion has been made in the inferior court to' arrest the judgment, and overruled.” — Finney v. The State, etc., 9 Mo. 636;…
1Dissent
Dissenting opinion of
Thompson, J.
This is an action for abalance due on a building contract. The answer contains three counts: 1. A general denial. 2. A count in the nature of a plea in recoupment. 3. A counter-claim setting up that the defendant is indebted to the plaintiff in the sum of $42, on an independent contract, for which the defendant asks judgment by way of set-off. The plaintiff filed a reply putting this new matter in issue. The case was tried by the court without a jury. The bill of exceptions recites that there was evidence tending to prove the averments of the petition and…
2Cases cited18 opinions
- Clark's v. HannibalSupreme Court of Missouri · 1865
- Mooney v. KennettSupreme Court of Missouri · 1854
- City of St. Louis ex rel. Seibert v. AllenSupreme Court of Missouri · 1873
- Owens v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1874
- Pitts v. FugateSupreme Court of Missouri · 1867
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