Culbertson v. Young
| Court | United States State Supreme Court of Missouri |
| Writing for the Court | Gantt |
| Citation | 56 S.W. 893,156 Mo. 261 |
| Decision Date | 08 May 1900 |
| Parties | CULBERTSON v. YOUNG et al. |
v.
YOUNG et al.
APPEAL — TRANSFER — AMOUNT INVOLVED.
1. Where plaintiff sought damages in an amount in excess of $2,500, and secured a verdict for less than that sum, on an appeal from an order granting defendant a new trial, seeking to have judgment entered on the verdict, the original claim is not before the appellate court; and it was error to transfer the cause from the court of appeals to the supreme court, it not having jurisdiction of claims for a less amount than $2,500.
2. Where, after verdict in favor of plaintiff, but before entry of judgment thereon, defendant's motion to vacate the verdict and for a new trial has been properly granted, an appeal by plaintiff will not lie, since no final judgment has been rendered.
Appeal from circuit court, Carroll county; W. W. Rucker, Judge.
Action by John R. Culbertson against Howard Young and others. There was a judgment for plaintiff, and from an order granting a new trial plaintiff appealed, and on motion the cause was transferred from the court of appeals. Retransferred.
Virgil Conkling and Hale & Son, for appellant. L. H. Waters, for respondents.
GANTT, P. J.
Plaintiff brought his action in the circuit court of Carroll county against defendants to recover damages for the conversion of certain personal property, alleged to be worth $7,180. The answer was a general denial. A trial was had, and a verdict rendered for plaintiff for $783.25. Defendant moved for a new trial, which the court granted. Plaintiff duly excepted to the action of the court in awarding defendants a new trial, and appealed from said order to the Kansas City court of appeals. That court, on motion, has transferred the cause to this court. This court has no jurisdiction of this appeal. The utmost that is involved in this appeal is the amount of the verdict rendered in the circuit court. Appellant, in his brief, asks "that the judgment of the circuit court in setting aside the verdict of the jury and granting a new trial be reversed, and the cause remanded, with directions to enter up a judgment on the verdict." Plaintiff sought no new trial in the circuit court, and his claim for the original amount sued for is not here at this time. He seeks only to have a judgment entered on his verdict for $783.25. If he should succeed, that would end the case. The propriety of setting aside that verdict is the only matter involved in...
To continue reading
Request your trial
-
Gipson v. Fisher Bros. Co., No. 6661.
...Long v. Ellison, 272 Mo. 571, 199 S.W. 984; Williams v. Atchison, T. &. S. F. R. Co., 233 Mo. 666, 136 S.W. 304; Culbertson v. Young, 156 Mo. 261, 56 S.W. 893; Ashbrook v. Willis, 338 Mo. 226, 89 S.W.2d 659; Vanderberg v. Kansas City, Mo., Gas Co., 199 Mo. 455, 97 S.W. 908. From the who......
-
State v. Ellison, No. 20382.
...cases where plaintiff appeals from the order setting aside such verdict. Both divisions of this court have so ruled. Culbertson v. Young, 156 Mo. 261, 56 S. W. 893 (Div. 2); Williams v. Railway Co., 233 Mo. loc. cit. 672 to 674, 136 S. W. 304 (Div. 1). The rule so announced should stand, an......
-
Williams v. Atchison, T. & S. F. Ry. Co.
...of the cause, and not to this court. In other words, the amount of the verdict set aside fixes the jurisdiction. In Culbertson v. Young, 156 Mo. 261, 56 S. W. 893, this court said: "This court has no jurisdiction of this appeal. The utmost that is involved in this appeal is the amount ......
-
Mathiason v. City of St. Louis
...of a court of equity; that while the proceedings were pending in that case, plaintiff, with notice of that fact, loaned W. C. Martin, 56 S.W. 893 who had purchased at the sale sought to be set aside, a sum of money, and that under the deed of trust given to secure this loan a sale had taken......
-
Gipson v. Fisher Bros. Co., No. 6661.
...Long v. Ellison, 272 Mo. 571, 199 S.W. 984; Williams v. Atchison, T. &. S. F. R. Co., 233 Mo. 666, 136 S.W. 304; Culbertson v. Young, 156 Mo. 261, 56 S.W. 893; Ashbrook v. Willis, 338 Mo. 226, 89 S.W.2d 659; Vanderberg v. Kansas City, Mo., Gas Co., 199 Mo. 455, 97 S.W. 908. From the who......
-
State v. Ellison, No. 20382.
...cases where plaintiff appeals from the order setting aside such verdict. Both divisions of this court have so ruled. Culbertson v. Young, 156 Mo. 261, 56 S. W. 893 (Div. 2); Williams v. Railway Co., 233 Mo. loc. cit. 672 to 674, 136 S. W. 304 (Div. 1). The rule so announced should stand, an......
-
Williams v. Atchison, T. & S. F. Ry. Co.
...of the cause, and not to this court. In other words, the amount of the verdict set aside fixes the jurisdiction. In Culbertson v. Young, 156 Mo. 261, 56 S. W. 893, this court said: "This court has no jurisdiction of this appeal. The utmost that is involved in this appeal is the amount ......
-
Mathiason v. City of St. Louis
...of a court of equity; that while the proceedings were pending in that case, plaintiff, with notice of that fact, loaned W. C. Martin, 56 S.W. 893 who had purchased at the sale sought to be set aside, a sum of money, and that under the deed of trust given to secure this loan a sale had taken......