Pace v. Roberts, Johnson & Rand Shoe Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Now. E. B. Wood, Judge. (1) There is no evidence to sustain the verdict, (a) Because there is no proof that H. IT. "Williams was legally adjudicated a bankrupt, there being no evidence in the record that the judge was absent from the district or the division of the district in which the petition was pending. Bankruptcy Act, chap. 4, sec. 18. Or even that the petition had been referred to the referee by the clerk of the court.
Read the full summary
Appeal from St. Louis City Circuit Court. — Now. E. B. Wood, Judge. (1) There is no evidence to sustain the verdict, (a) Because there is no proof that H. IT. "Williams was legally adjudicated a bankrupt, there being no evidence in the record that the judge was absent from the district or the division of the district in which the petition was pending. Bankruptcy Act, chap. 4, sec. 18. Or even that the petition had been referred to the referee by the clerk of the court. Loveland on Bankruptcy, p. 91, se<3. 29; Bankruptcy Act, sec. 38, subd. 1; See Forms 12 and 15 of Official Forms in…
1Opinion of the CourtReybtjrn, J.
(after stating the facts as above).— 1. This action was tried before a jury, which, after deliberating upon the verdict, addressed a communication to the trial judge requesting him to give the amount to he inserted to fill out the verdict; that the instructions did not contain it. The court made known to the attorneys of the respective parties the contents of the foreman’s note, and stated he would instruct the jury as to the measure of damages, and let each side state to the jury what they had to say on that point. Defendant’s ■counsel objected to such proceedings and to the giving of any…
2Cases cited6 opinions
- Smith v. BaerSupreme Court of Missouri · 1902
- Byington v. St. Louis RailroadSupreme Court of Missouri · 1899
- Dougherty v. WhiteheadSupreme Court of Missouri · 1860
- Wolfe v. Supreme Lodge Knights & Ladies of HonorSupreme Court of Missouri · 1901
- Friedman v. Pulitzer Publishing Co.Missouri Court of Appeals · 1903
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Manthey v. Kellerman Contracting Co.Supreme Court of Missouri · 1925
- Dean v. Wabash RailroadSupreme Court of Missouri · 1910
- Baker v. FortneyMissouri Court of Appeals · 1957
- Bohn v. LucksMissouri Court of Appeals · 1912
- Wilson v. DeweeseMissouri Court of Appeals · 1907