Chowning v. Parker
Missouri Court of Appeals
Appeal from Jasper Circuit Court. — Ho». J, D. Perkins, Judge. (1) “When counsel, in argument to a jury, attempt to make a case which they would not be allowed to establish by evidence, their conduct, if objected to at the time and allowed to pass unrebuked, is ground for a new trial.” Norton v. Railway, 40 Mo. App. 642; McDonald v. Cash, 45 Mo. App. 66; Gibson v. Viebig, 24 Mo.
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Appeal from Jasper Circuit Court. — Ho». J, D. Perkins, Judge. (1) “When counsel, in argument to a jury, attempt to make a case which they would not be allowed to establish by evidence, their conduct, if objected to at the time and allowed to pass unrebuked, is ground for a new trial.” Norton v. Railway, 40 Mo. App. 642; McDonald v. Cash, 45 Mo. App. 66; Gibson v. Viebig, 24 Mo. App. 66; State v. Lee, 66 Mo. 165; Evans v. Trenton, 112 Mo. 390’. “When it is probable that remarks of counsel affected the result it is the plain duty of the court to grant a new trial.” Evans v. Trenton, 112 Mo.…
1Opinion of the CourtBroaddus, J.
This suit originated in a justice’s court and was appealed to the circuit court where it was twice tried, each of the several verdicts being for the plaintiff. As the statement on which the case was tried was lost and has not been supplied, we can only infer from other documents and the contention of the parties the cause of action at issue.
It seems that in April, 1901, plaintiff sold to defendants a mining plant — a concentrating mill; that plaintiff was to receive therefor of the defendants- when delivered the sum of $3,500; that said plant was already constructed, but was to be moved by…
2Cited by4 opinions
- Hildreth v. KeyMissouri Court of Appeals · 1960
- Cole v. Uhlmann Grain Co.Supreme Court of Missouri · 1937
- Kelsey v. KelseyMissouri Court of Appeals · 1959
- Wiseman v. Skagit County Dairymen's Assn.Washington Supreme Court · 1933