Ferguson v. Orchard
Supreme Court of Missouri
Appeal from Butler Circuit Court. — lion. J. G. Sheppard, Judge. The record in this case shows that judgment was rendered for the plaintiff on the 28th day of June, 1899, and the record, motion docket, as well as verbal testimony, all show that defendants never filed a motion for a new trial; and that no such motion for a new trial was ever sustained or overruled; and the circuit court was wholly without authority to again try this cause, over the objection of the plaintiff.
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Appeal from Butler Circuit Court. — lion. J. G. Sheppard, Judge. The record in this case shows that judgment was rendered for the plaintiff on the 28th day of June, 1899, and the record, motion docket, as well as verbal testimony, all show that defendants never filed a motion for a new trial; and that no such motion for a new trial was ever sustained or overruled; and the circuit court was wholly without authority to again try this cause, over the objection of the plaintiff. Stark v. Zehnder, 204 Mo. 449. (1) The parties were properly in court, a trial was had, a judgment rendered, a motion…
1Opinion of the CourtWoodson, J.
The appellant, Ferguson, instituted this suit in the circuit court of Butler county, in 1899, to cancel a certain promissory note for the sum of sixty-eight dollars, and a deed of trust given to secure the same, signed by him and payable to the respondent Nickey. The respondent Orchard was the trustee named in the deed of trust.
Thereafter on June 28th of the same year, a trial was duly had which resulted in a judgment and decree in favor of the appellant, cancelling the note and deed of trust.
The record proper and the motion docket of that court, show that no motion for a new trial was ever *4fi…
2Cited by12 opinions
- Rollison v. Wabash RailroadSupreme Court of Missouri · 1913
- Applegate v. Quincy, Omaha & Kansas City RailroadSupreme Court of Missouri · 1913
- State v. LongSupreme Court of Missouri · 1914
- Peak v. TaubmanSupreme Court of Missouri · 1913
- Merrill v. ThompsonSupreme Court of Missouri · 1913
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