Opinion

State Ex Rel. State Highway Commission v. Wiggins

  • 454 S.W.2d 899
  • 1 ERC 1434
  • 1 ERC (BNA) 1434
  • 1970 Mo. LEXIS 948
Court
Supreme Court of Missouri
Filed
Jun 8, 1970
Status
Published
Author
Donnelly
On the bench
Stockard, Donnelly, Finch, Seiler, Morgan, Holman, Bardgett, Henley, Don-Nelly
Cited by
32 cases
Authority
More cited than 8.0%

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.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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