Culbertson v. Young

• Decision Date: 08 May 1900
• Citation: 56 S.W. 893,156 Mo. 261
• Parties: CULBERTSON v. YOUNG et al.
• Court: Missouri Supreme Court

56 S.W. 893

156 Mo. 261

CULBERTSON v. YOUNG et al.

Supreme Court of Missouri, Division No. 2.

May 8, 1900.

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 this, his...