(DOWNLOAD) "City Joplin v. Joplin Water Works Company" by Supreme Court of Missouri # Book PDF Kindle ePub Free
eBook details
- Title: City Joplin v. Joplin Water Works Company
- Author : Supreme Court of Missouri
- Release Date : January 08, 1965
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 68 KB
Description
Action in two counts by City of Joplin against The Joplin Water Works Company. Tried to the court without a jury Count I for
a declaratory judgment was dismissed. Judgment was rendered for City on Count II for $48,336.84. City did not appeal from
the judgment on either count. Company appealed from the order overruling its motion for new trial, a non-appealable order,
but we will review the judgment on Count II on the theory that Company intended and in good faith attempted to appeal from
a final judgment. State v. Kendrick, Mo. Sup., 383 S.W.2d 740[1,2]. We have jurisdiction since the amount in dispute, exclusive
of costs, exceeds the sum of $15,000. Constitution of Missouri, Art. V, § 3, V.A.M.S.; § 477.040, V.A.M.S. Tried upon the facts by the court without a jury we review the case on both the law and the evidence as in an equity case.
The judgment is not to be set aside unless clearly erroneous. Supreme Court Rule 73.01; § 510.310(4), V.A.M.S.
 "City Joplin v. Joplin Water Works Company" by Supreme Court of Missouri # Book PDF Kindle ePub Free){kind=link}