Johnson v. Bedford
Court of Appeals of Kansas
Appeal from Jackson Circuit Court. — Hon. E. P. Gates, Judge. (1) On the record proper it appears that the verdict Í3 contrary to the express provisions of section 595, Revised Statutes 1899, which is material error. Where such errors appear on the face of the record proper as here the court will reverse the judgment though no motion for a new trial and in arrest are filed.
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Appeal from Jackson Circuit Court. — Hon. E. P. Gates, Judge. (1) On the record proper it appears that the verdict Í3 contrary to the express provisions of section 595, Revised Statutes 1899, which is material error. Where such errors appear on the face of the record proper as here the court will reverse the judgment though no motion for a new trial and in arrest are filed. Mclntire v. Mclntire, 80 Mo. 473; Childs v. Railroad, 117 Mo. 427. A fortiori — where as here it appears that such motions were filed but the contents thereof not preserved by bill of exceptions. McHoney v. Ins. Co., 44…
1Opinion of the CourtSmith, P. J.
This is an action to recover damages for an assault. The petition contains but a single count with a separate statement of the amount of punitory damages sought to be recovered by plaintiff. Its allegations were as follows:
“That defendant, without just cause or provocation and with force and arms, did unlawfully assault and beat the plaintiff, and then and there willfully, unlawfully and violently beat, bruised and wounded the plaintiff so that he was then and there made sick, enfeebled, and his life endangered; and that by reason of such beating, bruising and wounding as aforesaid, he was,…
2Cases cited13 opinions
- Clark's v. HannibalSupreme Court of Missouri · 1865
- Mooney v. KennettSupreme Court of Missouri · 1854
- Goetz v. AmbsSupreme Court of Missouri · 1858
- Sweet v. MaupinSupreme Court of Missouri · 1877
- Owens v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1874
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3Cited by4 opinions
- Baker v. AtkinsMissouri Court of Appeals · 1953
- Antonelli v. BasileMissouri Court of Appeals · 1902
- Ickenroth v. St. Louis Transit Co.Missouri Court of Appeals · 1903
- City of St. Louis v. Senter Commission Co.Supreme Court of Missouri · 1937