Sweet v. Maupin
Supreme Court of Missouri
Error to St. Louis Circuit Court.—Hon. James K. Knight, Judge. This suit was brought in the year 1866. It is based on five promissory notes of defendant. The case was here before, and is reported in 47 Mo. 323, when a judgment for defendant was reversed.
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Error to St. Louis Circuit Court.—Hon. James K. Knight, Judge. This suit was brought in the year 1866. It is based on five promissory notes of defendant. The case was here before, and is reported in 47 Mo. 323, when a judgment for defendant was reversed. The only issue presented by the pleadings is, whether the notes were considered and included in an allowance made by the county court in favor of the defendant, in the year 1864, for $3,607.19 ; the defendant holding the affirmative. There was great conflict of evidence, and it was chiefly directed to two points : First—Whether the records of…
1Opinion
On Motion for Rehearing.
II. Tbe verdict is fatally defective, and the defect being patent of record, must be judicially noticed by this court. Per Curiam.
Relative to the point that the verdict was a general one, while the petition contained five counts, we have this to say, in addition to what has already been said thereon in the foregoing opinion: Repeated decisions of this court have conclusively established that we will not reverse because there was not a finding on each count, unless the attention of the lower court was specifically" called to the matter by appropriate motion, and in the…
2Cases cited16 opinions
- Clark's v. HannibalSupreme Court of Missouri · 1865
- Bateson v. ClarkSupreme Court of Missouri · 1865
- Mooney v. KennettSupreme Court of Missouri · 1854
- Pomeroy v. BentonSupreme Court of Missouri · 1874
- Brady v. ConnellySupreme Court of Missouri · 1873
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