108 Mo. App. 336 | Mo. Ct. App. | 1904
— In an action for slander in two counts, in the second of which both actual and punitive damages were prayed, a jury returned as its verdict the following :
“We the jury in the above-entitled cause find in favor of the "defendant on the issues joined in the first count of the petition, in accordance with the instructions of the court.
“And we find in favor of the plaintiff on the issues joined in the second count of the petition and assess his actual damages thereon at the sum of —--dollars. And we assess his pimitive damages at the sum of one hundred ($100) dollars.”
Upon judgment on this verdict an execution was issued at the succeeding term of court. Thereupon defendant filed a motion to quash such writ of execution, assigning that it was a nullity and void; that the judgment upon which it was based was for defendant for actual damages and for plaintiff for punitive damages, and the court was without authority or jurisdiction to enter judgment against defendant, and for the overruling of this motion, this appeal is taken.
It is now settled in this State that actual damages in at least a nominal sum must be found as a condition for the recovery of exemplary or punitive' damages, Hoagland v. Amusement Co., 170 Mo. 335, 70 S. W. 878. But the judgment for such reason, as in this proceeding is not void, but at most voidable as supported by
The judgment is affirmed. .