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PAYNE v. SMITH

No. 46567.

322 S.W.2d 764 (1959)

Edgar Donald PAYNE, Jr., Respondent, v. Raymond Russell SMITH, Appellant.

Supreme Court of Missouri, Division No. 2.

Rehearing Denied April 13, 1959.

Attorney(s) appearing for the Case

J. A. Appelquist, Mt. Vernon, Royle Ellis, Cassville, Ed V. Sweeney, Monett, for appellant.

Bert E. Strubinger, St. Louis, William C. Cockrill, Frank C. Mann, Mann, Walter, Powell, Burkart & Weathers, Springfield, for respondent.

BOHLING, Commissioner.

Edgar D. Payne sued Raymond R. Smith in the Circuit Court of Lawrence County for damages resulting from an automobile collision. Defendant filed an answer and counterclaim, asking $25,000 damages for personal injuries and $250 damages to his truck. Thereafter, the parties stipulated that the matters in controversy in plaintiff's petition had been compromised and finally settled; that plaintiff's petition be dismissed with prejudice at the costs...

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