Legal Opinion

Nelson v. Hall

Missouri Court of Appeals

Decided February 16, 1904PublishedCited by 1 opinion

Appeal from Greene Circuit Court. — Hura. J. T. Neville, Judge. (1) Special findings bear the same relation to a judgment that a special verdict bears, and performs the same offices that a special verdict performs. 8 Ency. PI. & Pr., p. 949; Blount' v. Spratt, 113 Mo. 1. c. 55; Nichols v. Carter, 49 Mo.

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Appeal from Greene Circuit Court. — Hura. J. T. Neville, Judge. (1) Special findings bear the same relation to a judgment that a special verdict bears, and performs the same offices that a special verdict performs. 8 Ency. PI. & Pr., p. 949; Blount' v. Spratt, 113 Mo. 1. c. 55; Nichols v. Carter, 49 Mo. App. 1. c. 405; Bates v: Bower, 17 Mo. 550; Land Company v. Bretz, 125 Mo. 1. c. 423. And they must contain a finding on every material controverted fact necessary to support the judgment. 22 Ency. PI. & Pr., p. 984. And they should be taken most strongly against the party upon whom rests the…

1Opinion of the CourtReyburn, J.

In the early part of the year 1900, appellant Hall, who owned a lumber yard in the city of Granby, while returning therefrom to Monett, where he was then living, encountered on the train his codefendant Conner, with whom he had been acquainted for several years, a carpenter by trade and also a resident of Monett. Hall then stated to Conner that his lumber yard was overstocked with high-priced lumber, and as a measure of relief he must put it in buildings, and he proposed to Conner the' building of some houses at Monett, to, which Conner replied, that he doubted whether they could be made…

2Cases cited3 opinions

  1. Baldwin v. WhitcombSupreme Court of Missouri · 1880
  2. Mabary v. McClurgSupreme Court of Missouri · 1881
  3. Heffernan v. WeirMissouri Court of Appeals · 1903

3Cited by1 opinion

  1. Summers v. KellerMissouri Court of Appeals · 1911

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