Legal Opinion

Williams v. Circuit Court of St. Louis county

Supreme Court of Missouri

Decided June 15, 1838PublishedCited by 19 opinions

1. It is utterly denied that, in this country, a court has any power to set aside a verdict of a jury when no person complains of it, particularly in a civil cause. 2. The law referred to- has no application to the present case. . 3. The statute referred to gives authority to the court to amend what the preceding section, which is substantially a statute of jeofails, would cure, and does not apply to this case. 4. The judge in this reason begs the question.

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1. It is utterly denied that, in this country, a court has any power to set aside a verdict of a jury when no person complains of it, particularly in a civil cause. 2. The law referred to- has no application to the present case. . 3. The statute referred to gives authority to the court to amend what the preceding section, which is substantially a statute of jeofails, would cure, and does not apply to this case. 4. The judge in this reason begs the question. It cannot on this record be seen what effect the discretion exercised by the judge against the requisition of the law had upon the right…

1Opinion of the CourtEdwards, Judge

One Gabriel H. Barbour commenced an action in the St. Louis circuit court, against Harvey Williams, by petition in debt on a promissory note. Williams pleaded that the note was obtained by fraud; and on this plea *250Barbour joined issue, and the jury found a verdict for Williams. The day after the verdict was rendered by the jury, Barbour, by his counsel, moved the court to set aside the verdict,and to grant a new trial; at the same time stating to the court that he would file his reasons for the new trial at some other time. The court then gave leave to the counsel to file his reasons for the…

2Cases cited1 opinion

  1. Rossiter v. ChesterMichigan Supreme Court · 1843

3Cited by19 opinions

  1. State v. MarshallSupreme Court of Missouri · 1865
  2. Harkness v. JarvisSupreme Court of Missouri · 1904
  3. Mirrielees v. Wabash RailroadSupreme Court of Missouri · 1901
  4. Bradley v. SlaterNebraska Supreme Court · 1899
  5. Fox v. MeachamNebraska Supreme Court · 1877

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