Barnard & Lease Manufacturing Co. v. Monett Milling Co.
Missouri Court of Appeals
Appeal from the Barry Circuit Court. — Hon. J. O. Lamson, Judge. The trial court erred in refusing to call a jury, at the request of plaintiff, to pass on the issues of fact. While there were no issues made up by proper pleadings, yet the issue, arising from the testimony, was “for the recovery of money;’ such an issue must be tried by a jury.
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Appeal from the Barry Circuit Court. — Hon. J. O. Lamson, Judge. The trial court erred in refusing to call a jury, at the request of plaintiff, to pass on the issues of fact. While there were no issues made up by proper pleadings, yet the issue, arising from the testimony, was “for the recovery of money;’ such an issue must be tried by a jury. B. S. 1889, sec. 2131. It is very clear that the plaintiff was entitled to a jury trial in the assessment of expenses and the value of reasonable attorney’s fees; and section 5239, Bevised Statutes 1889, does not deprive plaintiff of the right to call…
1Opinion of the CourtBland, P. J.
Plaintiff obtained judgment against the defendant in the circuit court of Barry county at the April term, 1891. In June following, it had execution issued on said judgment, directed to the sheriff of Barry county. The sheriff duly summoned the garnishee herein, who appeared in due course in the circuit court of Barry county at the October term, 1897, and, to the interrogatories filed by plaintiff, answered that he OAved the defendant nothing; also *155denied that the court had jurisdiction of the person or subject-matter in controversy. Plaintiff denied the answer, and thereupon the garnishee…
2Cases cited32 opinions
- United States v. MacDanielSupreme Court of the United States · 1833
- Flint River Steamboat Co. v. FosterSupreme Court of Georgia · 1848
- Lynch v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1891
- Byers & Davis v. CommonwealthSupreme Court of Pennsylvania · 1862
- Koppikus v. State Capitol Comm'rsCalifornia Supreme Court · 1860
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3Cited by3 opinions
- Meadowbrook Country Club v. DavisSupreme Court of Missouri · 1967
- Stevens v. LarwillMissouri Court of Appeals · 1904
- O'Dell Plumbing, Heating & Cooling, Inc. v. Clayton Greens Nursing Center, Inc.Missouri Court of Appeals · 1984