Stout v. Calver
Supreme Court of Missouri
Appeal from the Marion circuit court. 1st. I submit that the 4th ground of the motion, presented good cause for a new trial, and that the refusal was an improper exercise of the discretion of the court. 2d. Independent of this ground the verdict was wrong 3d. The issues are not found by -the verdict; the set off is not noticed, and the error is fatal.
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Appeal from the Marion circuit court. 1st. I submit that the 4th ground of the motion, presented good cause for a new trial, and that the refusal was an improper exercise of the discretion of the court. 2d. Independent of this ground the verdict was wrong 3d. The issues are not found by -the verdict; the set off is not noticed, and the error is fatal. See Rogers vs. Pratt decided by this court from which this cause is not distinguishable, also Leak vs. Elliott, and Jones vs. Snedegar adm’r, 3 vol. M. D. It is not like the case of Davidson vs. Peck. See Smith vs. Morrison 3 Marsh. Rep. p. 85.…
1Opinion of the Court
Opinion of/he Court delivered by
Tompkins Judge.
Calver brought his action of assumpsit against Stout in the circuit court of Marion county,, and judgment being given for him in that court, Stout appeals to this court.
The action, as above stated, is assumpsit. The pleas were non assumpsit and set off. The finding of the jury is, “we of the jury find for the plaintiff, and assess his damages to the sum of &c.” Judgment being given for the plaintiff, defendant moved for a new trial, having filed hi.; affidavit of merit, and alledging that he was surprised by the cause coming on sooner than, he…
2Cited by12 opinions
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- Everit v. Walworth County BankWisconsin Supreme Court · 1861
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