Kurlbaum v. Roepke

Decided March 15, 1858

Supreme Court of Missouri · decided 1858-03-15

<p>1. The revised code of 1855 does not require a finding of the facts where a cause is tried by the court.</p> <p>2. Where a cause is tried by the court without a jury and no instructions or declarations of law are asked or given, the supreme court will not interfere by ordering a new trial.</p>

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Decided 1858-03-15

How this case has been cited

Cited by 7 later decisions — most recently March 1892

7 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.

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Scott, Judge,

¶1delivered the opinion of the court.

¶2This suit was commenced after the code of 1855 was in force. The case was tried by the court, the parties having waived a jury. The present code does not require a finding of the facts when the issues in a cause are tried by the court. The old practice in such cases is now revived. When a cause is tried by the court sitting as a jury and no instructions or declarations of law are asked or given on the trial, this court will not interfere by ordering a new trial.

Judge Napton concurring,

¶3the judgment is affirmed.