Smith & Keating Implement Co. v. Wheeler
Missouri Court of Appeals
Appeal from the Yernon Circuit Court, Hon. Charles G-. Burton, Judge. I. Granting a new trial is largely discretionary with the trial court, but abuse of that discretion is reversible error. Fretwell v. Laffoon, 77 Mo. 26. II. Discretion is abused, if a new trial is granted when the evidence clearly preponderates in favor of the. first verdict. Hides v. Stone, 13 Minn. 434 ; Young v. Davis, 15 N. W. Rep. 174; Street Railway Go. v. Rheiner, 12 N. W. Rep. 449. III.
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Appeal from the Yernon Circuit Court, Hon. Charles G-. Burton, Judge. I. Granting a new trial is largely discretionary with the trial court, but abuse of that discretion is reversible error. Fretwell v. Laffoon, 77 Mo. 26. II. Discretion is abused, if a new trial is granted when the evidence clearly preponderates in favor of the. first verdict. Hides v. Stone, 13 Minn. 434 ; Young v. Davis, 15 N. W. Rep. 174; Street Railway Go. v. Rheiner, 12 N. W. Rep. 449. III. Clearly it is, then, error for a . court to set aside a verdict of its own finding, in favor of the defendant, on the ground that…
1Opinion of the CourtEllison, J.
This is an action of replevin for a pony saw mill. There was a trial in the court below, in which the finding was for the defendant. Plaintiff filed a motion for a new trial, which was granted; to the granting of which defendant excepted, and made out and filed his bill of exceptions, and refused to take further part in the case, but elected to stand on his judgment. At the next term, the cause again came on for trial; defendant not appearing, judgment was rendered for plaintiff, from which defendant appealed to this court.
The ¿rror assigned is granting the plaintiff the new trial.
The motion…
2Cases cited4 opinions
- Fretwell v. LaffoonSupreme Court of Missouri · 1882
- Gilstrap v. FeltsSupreme Court of Missouri · 1872
- State ex rel. Merrill v. BurnsSupreme Court of Missouri · 1877
- Wight v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1886
3Cited by5 opinions
- Halsey v. MeinrathMissouri Court of Appeals · 1893
- Parker v. BrittonMissouri Court of Appeals · 1908
- Rickroad v. MartinMissouri Court of Appeals · 1891
- Carr v. DawesMissouri Court of Appeals · 1891
- State ex rel. Meyers Co. v. RaynoldsNew Mexico Supreme Court · 1917