Howell v. Howell
Supreme Court of Missouri
Appeal from St. Charles Circuit Court. I. The court erred in refusing to grant a new trial on the showing made of material mistake in the witnesses McKinney and Speed. The appellant was entitled to have his case tried with the full benefit of their corrected testimony. All the requisites of an application for new trial on that ground are presented in the affidavits, and it was the imperative duty of the court to set aside the verdict. (1 Gra. & Wat.
Read the full summary
Appeal from St. Charles Circuit Court. I. The court erred in refusing to grant a new trial on the showing made of material mistake in the witnesses McKinney and Speed. The appellant was entitled to have his case tried with the full benefit of their corrected testimony. All the requisites of an application for new trial on that ground are presented in the affidavits, and it was the imperative duty of the court to set aside the verdict. (1 Gra. & Wat. New Trials, 217-9; D’Aguilar v. Torbin, 2 Mar. 265 ; Inh'ab. of Warren v. Inhab. Hope, 6 Greenl. 479; Richardson v. Fisher, 1 Bingli. 145; De…
1Opinion of the CourtWagner, Judge
This was a proceeding instituted in the County Court of Warren .county under section 7, page 130, of the Revised Statutes iof 1855, by the appellant, as executor , of Newton Howell, deceased, to recover certain personal property which he alleged belonged to his testator, and was embezzled and concealed by the respondent, the testator’s widow. The matter was investigated before a jury in the County Court, and they rendered a verdict in behalf of the appellant for a part of the articles charged to have been embezzled and concealed.
The respondent appealed to the Circuit Court, and then removed…
2Cases cited2 opinions
- Dameron's Administrator v. DameronSupreme Court of Missouri · 1854
- State v. LockeSupreme Court of Missouri · 1858
3Cited by8 opinions
- State Ex Rel. Lipic v. FlynnSupreme Court of Missouri · 1948
- Eans' Administrator v. EansSupreme Court of Missouri · 1883
- Edlen v. TweedMissouri Court of Appeals · 1956
- Stewart v. GlennSupreme Court of Missouri · 1874
- Brotherton v. SpenceMissouri Court of Appeals · 1893
3 more not listed; retrieve them via the Exa API.