Wollman v. Loewen
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Ho». R. M. Foster, Judge. (1) The reversal of the judgment did not authorize the circuit court to retry'the third and fourth counts of the petition, and final judgment should have been entered in favor of the appellant on the third and fourth counts of the petition as well as on the first and second counts.
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Appeal from St. Louis City Circuit Court. — Ho». R. M. Foster, Judge. (1) The reversal of the judgment did not authorize the circuit court to retry'the third and fourth counts of the petition, and final judgment should have been entered in favor of the appellant on the third and fourth counts of the petition as well as on the first and second counts. Hoyle v. Farquharson, 80 Mo. 377; Gamble v. Gibson, 83 Mo. 290; Needles v. Burk, 98 Mo. 474, 11 S. W. 1008; State ex rel. v. Tate, 109 Mo. 265, 18 S. W. 1088; Neenan v. City of St. Joseph, 126 Mo. 89, 28 S. W. 963; Meyer v. Stone, 40 Mo. App.…
1Opinion of the CourtGoode, J.
(after stating the facts). — It is insisted by Loewen’s counsel that the reversal of the first judgment by this court and the return of the case for another trial, did not empower the circuit court to retry the issues joined on the third and fourth counts of the petition, but that final judgment should have been entered in favor of Loewen on those counts, as well as on the other two. ■ If this is true, what reason was there for directing a retrial? We decided on the previous appeal, that Loewen was conclusively shown to have signed the notes in suit as an indorser and not as a maker. He was…
2Cases cited27 opinions
- J. M. Hamilton & Co. v. PrescottTexas Supreme Court · 1889
- Chouteau v. AllenSupreme Court of Missouri · 1879
- Bensieck v. CookSupreme Court of Missouri · 1892
- McClanahan v. WestSupreme Court of Missouri · 1889
- State ex rel. Ozark County v. TateSupreme Court of Missouri · 1891
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3Cited by7 opinions
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- Hardwick v. Kansas City Gas Co.Supreme Court of Missouri · 1946
- Foster v. CampbellSupreme Court of Missouri · 1946
- Connelly v. Illinois Central RailroadMissouri Court of Appeals · 1912
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