# State Ex Rel. State Highway Commission v. Wiggins

> Supreme Court of Missouri · June 8, 1970 · 454 S.W.2d 899

URL: https://www.frixlaw.com/law-library/cases/9672825

## Case

- **Full name:** STATE Ex Rel. STATE HIGHWAY COMMISSION of Missouri, Appellant, v. Duane C. WIGGINS Et Al., Respondents
- **Court:** Supreme Court of Missouri
- **Decided:** June 8, 1970
- **Citations:** 454 S.W.2d 899; 1 ERC 1434; 1 ERC (BNA) 1434; 1970 Mo. LEXIS 948
- **Precedential status:** Published
- **Opinion:** Dissent by Donnelly
- **Judges:** Stockard, Donnelly, Finch, Seiler, Morgan, Holman, Bardgett, Henley, Don-Nelly
- **Cited by:** 32 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9672825

## How later opinions describe it (automated extraction)

- 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”

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9672825. Public record. Not legal advice.