TaiLexi AI U.S. Case Law

Stemmons v. Carey

F. B. Stemmons v. R. B. Carey

Stemmons v. Carey, 57 Mo. 222 (1874)
Download
Format
Include

Star paging (*137) is kept for pin cites.

Court
Supreme Court of Missouri · State Highest Courts
Decided
July 15, 1874
Judges
Napton
Citations
57 Mo. 222
Headnotes
1. Justices' courts — Formal judgment unnecessary in. — In trials in justices’ courts a verdict will be held as a judgment, and the entry of a formal judgment is not required.
Summary
Appeal from Jasper Court of Common Pleas.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Napton

Text extracted by OCR from a scanned original; check the original for exact wording.

NaptoN, Judge,

delivered the opinion of the court

This action was brought before a justice, upon an account filed for $32.00 ; the items being four tons of hay at $8.00 per ton.

Upon the trial in the justice’s court, the jury found for the defendant, and thereupon the justice entered on his docket, “It is therefore adjudged by me that the plaintiffs pay the costs herein expended.”

On the trial in the Circuit Court, the plaintiffs obtained a verdict for $25.00. There was a motion for a new trial, and a motion in arrest, but as the bill of exceptions does not show the evidence in the case, nor the instructions, the only points arising here are: first, that there was no formal judgment entered by the justice, and, secondly, that there was no statement of facts constituting the cause of action before the justice.

As none of the evidence is before us, it is impossible for the court to see whether the cause of action was correctly stated or not, and in regard to the judgment for costs not being a final judgment, it was held at a very early period, that on trials in a justice’s court the mere verdict of the jury would be held a judgment, (8 Mo., p. 12) and the entry of a formal judgment is not required as in courts of record. (See Hazeltine vs. Rensch, 51 Mo., 51 .)

The judgment is affirmed.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1898: 11903: 11912: 11922: 118982026peak 1898 · 1

Relies on it most ⓘ

  1. Fooshee Brunson v. Smith1912 OK 455, 124 P. 1070
  2. Giett v. McGannon Mercantile Co.74 Mo. App. 209 (1898)
  3. Dalton v. Abercrombie206 P. 1051 (Idaho 1922)
  4. Fowler v. Thomsen94 N.W. 810 (Neb. 1903)

Most recent

  1. Dalton v. Abercrombie206 P. 1051 (Idaho 1922)
  2. Fooshee Brunson v. Smith1912 OK 455, 124 P. 1070
  3. Fowler v. Thomsen94 N.W. 810 (Neb. 1903)
  4. Giett v. McGannon Mercantile Co.74 Mo. App. 209 (1898)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

DepthCaseCited by
Spradling v. Conway, 51 Mo. 51 (1872) 19

Keyboard shortcuts

/Focus the search box
j kNext / previous result
EnterOpen the selected result
xAdd / remove the selected result from the download list
n pNext / previous search term in a case
cCopy the citation of the current case
+ −Larger / smaller reading text
?Show this list