State ex rel. Vanderburg v. Bidwell
Missouri Court of Appeals
Appeal from Carroll Circuit Court. — Now. John P. Butler, Judge. (1) The verdict as returned by the jury is conclusive, and the same cannot be enlarged upon, or explained by extraneous evidence. Hancock v: Bucklev, 18 Mo. App 467. (2) The verdict was insufficient to support judgment for any amount in favor of Fulcher and the justice in rendering judgment for $17, substituted his own finding for that of the jury. Ryors v. Pryor, 31 Mo. App. 562; Dyer v., Combs, 65 Mo.
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Appeal from Carroll Circuit Court. — Now. John P. Butler, Judge. (1) The verdict as returned by the jury is conclusive, and the same cannot be enlarged upon, or explained by extraneous evidence. Hancock v: Bucklev, 18 Mo. App 467. (2) The verdict was insufficient to support judgment for any amount in favor of Fulcher and the justice in rendering judgment for $17, substituted his own finding for that of the jury. Ryors v. Pryor, 31 Mo. App. 562; Dyer v., Combs, 65 Mo. App. 152; Calkins v. Bank, 99 Mo. App. 513. (3) The verdict of the jury in a justice court is conclusive and has the effect of…
1Opinion of the CourtJohnson, J.
Relator filed his petition in the circuit court of Carroll county for a writ of mandamus to compel defendant Bidwell, a justice of the peace of Egypt township, Carroll county,'to- accept and treat a verdict returned hy a jury in a cause tried before said defendant wherein relator was defendant, as a verdict in favor of relator and to enter judgment on his docket for relator and to compel the defendant Lovell, the constable of said township to receive and levy an execution when issued on such judgment. The facts disclosed by the alternative writ issued by the court and defendants’ return…
2Cases cited9 opinions
- Acton v. DooleyMissouri Court of Appeals · 1885
- State ex rel. Albers v. HornerSupreme Court of Missouri · 1885
- State ex rel. Lloyd v. ClaytonMissouri Court of Appeals · 1889
- Ryors v. PriorMissouri Court of Appeals · 1888
- Giett v. McGannon Mercantile Co.Missouri Court of Appeals · 1898
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3Cited by1 opinion
- Ex Parte S.P. PerseMissouri Court of Appeals · 1926