holding that “in the absence of evidence to the contrary, a general judgment for one party involves a finding in that party’s favor on all issues properly before the court”
How later courts described this case
- holding that “in the absence of evidence to the contrary, a general judgment for one party involves a finding in that party’s favor on all issues properly before the court”
- “Exclusive appellate jurisdiction of a case cannot depend upon how certain issues of that case are decided, with appellate jurisdiction in this court if decided one way but jurisdiction in the court of appeals if decided the other way.”
Written by the judges who cited it.
The opinion
DONNELLY, Judge
(dissenting).
There is nothing in the record to affirmatively indicate that the trial court ruled the constitutional question raised in respondents’ answer. Therefore, I respectfully dissent because I do not believe this Court has jurisdiction of this appeal. Kersting v. City of Ferguson, Mo.Sup., 388 S.W.2d 794 ; City of St. Louis v. Butler Co., 358 Mo. 1221 , 219 S.W.2d 372, 378 .
HENLEY, C. J., concurs.