Barclay v. Pickles
Supreme Court of Missouri
Appeal from St. Louis Circuit Court. I. A judgment by default, the action sounding in damages, as in covenant, was only interlocutory, that the plaintiff ought to recover his damages, leaving the amount of them to be afterwards ascertained — 1 Tidd’s Pr., p; 568-71. II.
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Appeal from St. Louis Circuit Court. I. A judgment by default, the action sounding in damages, as in covenant, was only interlocutory, that the plaintiff ought to recover his damages, leaving the amount of them to be afterwards ascertained — 1 Tidd’s Pr., p; 568-71. II. The rule at common law of avoiding a writ of inquiry, and ascertaining the damages by reference, could not be had in action of assumpsit for a certain sum due upon an agreement, nor in an action upon a bottomry bond, or to ascertain the damages sustained by the plaintiff in an action of debt, on a judgment recovered on a bill…
1Opinion of the CourtWagner, Judge
Plaintiffs brought their action against the defendant for rent for a lot of ground in the city of St. Louis, on a written lease. There was a judgment by default, and at the next succeeding term after the default taken a jury was empan-nelled to assess the damages. Upon the inquiry of damages, the defendant appeared and offered to prove, that after the making of the lease, and before the rent sued for accrued, the City of St. Louis had, in the matter of a proceeding instituted' by it for the opening of Chouteau avenue, in said city, under the authority and provisions of the laws of the State,…
2Cases cited3 opinions
- Foster v. SmithNew York Supreme Court · 1833
- Price v. PageSupreme Court of Missouri · 1856
- Robinson v. LawsonSupreme Court of Missouri · 1857
3Cited by14 opinions
- Corrigan v. City of ChicagoIllinois Supreme Court · 1893
- Mayor of Baltimore v. LatrobeCourt of Appeals of Maryland · 1905
- Sumpter v. JE Sieben Construction CompanyMissouri Court of Appeals · 1973
- Renshaw v. ReynoldsSupreme Court of Missouri · 1927
- Olson Land Co. v. Alki Park Co.Washington Supreme Court · 1911
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