Scott v. Joffee
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Hon. William B. Teasdale, Judge. (1) The 'motion to set aside the judgment was in fact only a second motion for a new trial filed after the first motion for a new trial had been heard by the court and had been overruled, and the court had no power to set aside the judgment and grant a new trial on such 'motion filed after the lapse of more than four days after the rendition of the judgment.
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Appeal from Jackson Circuit Court. — Hon. William B. Teasdale, Judge. (1) The 'motion to set aside the judgment was in fact only a second motion for a new trial filed after the first motion for a new trial had been heard by the court and had been overruled, and the court had no power to set aside the judgment and grant a new trial on such 'motion filed after the lapse of more than four days after the rendition of the judgment. Bank v. Porter, 148 Mo. 176; Mirrielees v. Railroad, 163 M'o. 470; Railroad v. Mirrielees, 182 Mo. 144; State ex rel. v. Adams, 84 Mo. 310; St. Joseph v. Robinson, 125…
1Opinion of the CourtJohnson, J.
The appeal in' this case is prosecuted. by plaintiffs from the following order: “It is hereby ordered by the court on the court’s own motion that the order heretofore made in this cause overruling defendant’s motion for a new trial be set aside and for naught held, and it -is hereby ordered that the defendant’s motion for a new trial be sustained; and it is further hereby ordered that the defendant’s motion to set aside the judgment rendered herein against the 'defendant be and the same is hereby sustained and new trial granted upon the payment by defendant of all costs accrued to this date.”
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2Cases cited4 opinions
- Mirrielees v. Wabash RailroadSupreme Court of Missouri · 1901
- Scott v. SmithSupreme Court of Missouri · 1896
- Williams v. Circuit Court of St. Louis countySupreme Court of Missouri · 1838
- State ex rel. Brainerd v. AdamsSupreme Court of Missouri · 1884
3Cited by13 opinions
- State Ex Rel. McGaughey v. GraystonSupreme Court of Missouri · 1942
- Marsala v. MarsalaSupreme Court of Missouri · 1921
- State Ex Rel. King v. RoweSupreme Court of Oklahoma · 1931
- Blair v. PatersonMissouri Court of Appeals · 1908
- Central Liberty Trust Co. v. RoyMissouri Court of Appeals · 1922
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