1 MO 495 - Hickman v. Byrd

How this case has been cited

Cited by 7 later decisions — most recently June 1907

1 federal appellate · 6 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

M’Girk, C. J.,

¶1delivered the opinion of the Court.

¶2This was an action of debt on a promissory note. The first plea is nil debet. The other two pleas aie pleas alledging fraud, in the consideration of the note. The finding of the jury is, that they find for the plaintiff the sum in the declaration mentioned, and that they assess damages, &c. As to the other two pleas, the jury are silent. A motion was made in arrest of judgment, for that the jury had not found all in issue; which motion was overruled, and judgment for the plaintiff. The point for the consideration of the Court is, was the Circuit Court right in refusing to arrest the judgment?

¶3The law is very clear and abundant, that the jury must find all in issue ; here they have not done so. The pleas of fraud should be found one way or the other.

¶4The judgment of the Circuit Court is reversed, with costs, and the cause remanded for a new trial.