Reichenbach v. United Masonic Ben. Ass'n.

• Decision Date: 31 October 1892
• Citation: 112 Mo. 22,20 S.W. 317
• Parties: REICHENBACH v. UNITED MASONIC BEN. ASS'N.
• Court: Missouri Supreme Court

20 S.W. 317

112 Mo. 22

REICHENBACH v. UNITED MASONIC BEN. ASS'N.

Supreme Court of Missouri, Division No. 1.

October 31, 1892.

APPEAL — JURISDICTION — "AMOUNT IN DISPUTE" — FINDINGS ON SEPARATE CAUSES OF ACTION.

1. Under Const. Mo. (article 6, § 12) the "amount in dispute" on appeal is the real amount at the time the appeal is taken, as shown by the record.

2. Findings upon distinct causes of action in the same proceeding are sometimes severable on appeal.

3. Where action was brought on two counts, resulting in a verdict for defendant on the first, and for plaintiff on the second in the sum of $2,300, and both parties appealed, but plaintiff dismissed her appeal, the "amount in dispute" then is that involved in defendant's appeal from the judgment on the second count, and is within the jurisdiction of the court of appeals.

4. Ellis v. Harrison, 16 S. W. Rep. 198, 104 (Syllabus by the Judge.)

Appeals transferred from St. Louis court of appeals.

Action by Reichenbach against the United Masonic Benefit Association on two benefit certificates. Judgment was rendered for defendant on the first count, and in favor of plaintiff on the second. Plaintiff's motion to set aside the verdict on the first count and defendant's motion for a new trial on the second were overruled, and both parties appealed to the St. Louis court of appeals. That court transferred the appeals to the supreme court, where plaintiff dismissed her appeal, and moved to retransfer defendant's appeal to the St. Louis court of appeals. Motion granted.

Phillips & Stewart and Cunningham & Elliott, for appellant. Martin & Bass and H. A. Loevy, for respondent.

BARCLAY, J.

Plaintiff sued upon two benefit certificates in the nature of insurance policies issued by defendant, — one numbered 1,304, for $1,000; the other numbered 2,499, for $2,000. Her petition contained two counts or causes of action, each based on one of the certificates. Defendant took issue with her. Upon a trial by jury a verdict was rendered in favor of defendant on the first cause of action, and in favor of plaintiff in the sum of $2,300 on the second cause of action. May 19, 1891, judgment was entered for plaintiff for the last-named sum and for defendant as to the first cause of action. Plaintiff moved to set aside the verdict as to the first count on various grounds. Defendant moved for a new trial upon the second count. Both motions were overruled June 23, 1891, and exceptions filed in due time. July 1, 1891, plaintiff appealed to the St. Louis court of appeals "from the judgment rendered herein upon the issues under the first count of her petition," and defendant appealed generally to the same court, July 10, 1891. That court transferred both appeals to the supreme court, because it entertained a doubt of its jurisdiction to decide them. Reichenbach v. Association, (1891,) 47 Mo. App. 77. In this court plaintiff dismissed her appeal, and has now moved for a transfer to the St. Louis court of appeals on the ground that defendant's appeal comes within the jurisdiction of that court. No claim is made that the case belongs here for any reason other than that of the amount involved. As...