Scullin v. Wabash R. Co.

• Decision Date: 12 December 1905
• Citation: 90 S.W. 1028,192 Mo. 6
• Parties: SCULLIN v. WABASH R. CO.
• Court: Missouri Supreme Court

90 S.W. 1028

192 Mo. 6

SCULLIN v.WABASH R. CO.

Supreme Court of Missouri, Division No. 2.

December 12, 1905.

APPEAL — PROCEEDINGS AFTER REMAND — INTEREST ON JUDGMENT DIRECTED.

The trial court, on receiving the mandate of the Supreme Court directing the setting aside of the order granting a new trial after verdict for plaintiff in a specified sum and the entry of a judgment in accordance with the verdict, can only enter judgment for the amount of the verdict, without including interest from its rendition.

Appeal from St. Louis Circuit Court; Warwick Hough, Judge.

Action by William R. Scullin, by his next friend, James Scullin, against the Wabash Railroad Company.From a judgment entered after the receiving of a mandate from the Supreme Court, granting insufficient relief, plaintiff appeals.Affirmed.

See83 S. W. 760.

Geo. S. Grover, for appellant.John F. Shepley and Douglas W. Robert, for respondent.

BURGESS, P. J.

On the 17th day of March, 1900, plaintiff(appellant) recovered a verdict and judgment against the defendant in the circuit court of the city of St. Louis for the sum of $20,000 for injuries alleged to have been sustained by him by reason of the negligence of defendant.Thereafter, on the 7th day of July, 1900, on motion of defendant, the verdict and judgment were set aside, and a new trial granted.Plaintiff excepted, and in due time filed his affidavit for an appeal from the order of the court setting aside the verdict and judgment, and, the same being overruled, he saved his exceptions and appealed to this court.At the April term, 1904, of the Supreme Court the judgment granting a new trial was reversed, and the cause remanded, with directions to the trial court to set aside the order granting a new trial and to enter judgment for the plaintiff in accordance with the verdict.After receiving the mandate from the Supreme Court, and on the 15th day of December, 1904, the trial court entered up judgment for the plaintiff in the sum of $20,000 and costs.On the 25th day of January, 1905, and at the same term of court at which said judgment was entered, the plaintiff filed the following motion: "Now comes the plaintiff in the above-entitled cause, by his next friend, and moves the court to set aside the judgment herein rendered at this term of court on, to wit, December, 15, 1904, and to enter said judgment in the sum of $20,000 in accordance with the verdict, and to enter said judgment as of March 17, 1900, in accordance with the mandate of the Supreme Court of the state of Missouri, filed herein"—which motion the court, upon the same day, overruled, to which order and ruling of the courtthe plaintiff then and there duly excepted at the time.

Plaintiff contends that, when the said order and judgment of the trial court setting aside the verdict and judgment in his favor and granting the defendant a new trial was, upon his appeal, reversed and remanded by the Supreme Court, with directions to the trial court to set aside the order and judgment granting a new trial, and to enter up judgment for the plaintiff in accordance with the verdict, it meant as of date March 17, 1900, when said verdict and judgment was rendered; or, if entered in pursuance of the mandate of this court, on the 15th day of December, 1904, it should have been for the amount of the verdict, together with interest at 6 per cent. per annum...