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34 Mo. 204

Smarr v. McMaster

Supreme Court of Missouri

Decided October 15, 1863

Supreme Court of Missouri · decided 1863-10-15

The verdict and judgment were entered as follows: Now at this day come the parties by their respective attorneys, and this cause coming on to be heard, the issue herein joined is submitted to the jury, twelve good and lawful men, legally elected, tried and sworn; and after hearing the evidence and the arguments adduced in the cause, the jury retire to their room to consider their verdict.

Cited by 2 later decisions — most recently January 1907

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1863-10-15

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Bates, Judge,

¶1delivered the opinion of the court.

¶2The record in this cause shows that in the lower court a verdict was found for the defendant, and a judgment rendered *205against the plaintiff for costs, “ but no final determination of the right of the parties in the action.” From all that appears here, the cause is still pending in the lower court. The appeal is dismissed.

Judges Bay and Dryden concur.
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