Kurlbaum v. Roepke

Supreme Court of Missouri

Kurlbaum v. Roepke

27 Mo. 161

CourtSupreme Court of Missouri

DecidedMarch 15, 1858

StatusPublished

Cited by7 cases

This text of 27 Mo. 161 (Kurlbaum v. Roepke) is published on Counsel Stack Legal Research, covering Supreme Court of Missouri primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Kurlbaum v. Roepke, 27 Mo. 161 (Mo. 1858).

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Opinion

Scott, Judge,

delivered the opinion of the court.

This 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,

the judgment is affirmed.

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Scott, Judge,

delivered the opinion of the court.

This 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,

the judgment is affirmed.

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Bluebook (online)

27 Mo. 161, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kurlbaum-v-roepke-mo-1858.

Opinion

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