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;…
1Opinion of the CourtBakewell, J.
This was an action for a balance of $130, due for extra work in building a dwelling house for defendant.
The answer has three counts. The first is a general denial. The second sets out that the building was to be erected according to certain plans and specifications, and specifies sundry particulars in which the building, as erected, varies from the contract; by reason of all which *259it is alleged that the house as erected is worth $500 less than the house required by the plans and specifications. The third count sets up a counter-claim for work done by defendant for plaintiff worth $42, for…
2Cases cited3 opinions
- Clark's v. HannibalSupreme Court of Missouri · 1865
- Brownell v. Pacific RailroadSupreme Court of Missouri · 1871
- Steamboat Blue Ridge v. Steamboat TimeSupreme Court of Missouri · 1845
3Cited by11 opinions
- Spaulding Mfg. Co. v. HolidaySupreme Court of Oklahoma · 1912
- Wells v. AdamsMissouri Court of Appeals · 1901
- Speer v. BurlingameMissouri Court of Appeals · 1895
- Ashenbroedel Club v. FinlayMissouri Court of Appeals · 1893
- Kamerick v. CastlemanMissouri Court of Appeals · 1888
6 more not listed; retrieve them via the Exa API.