Lovell v. Davis
Missouri Court of Appeals
Appeal from the Carroll Circuit Court. — Hon. E. J. Bboadus, Judge. (1) The action of a trial court in sustaining a motion for new trial is no longer merely a matter of judicial discretion. Such action is now Subject to review by the appellate courts, and new trials can only be granted for substantial legal reasons.
Read the full summary
Appeal from the Carroll Circuit Court. — Hon. E. J. Bboadus, Judge. (1) The action of a trial court in sustaining a motion for new trial is no longer merely a matter of judicial discretion. Such action is now Subject to review by the appellate courts, and new trials can only be granted for substantial legal reasons. When such reasons do not appear it is now the right of the appellate court to reverse-the order for a new trial, and render judgment for the party who was successful in the trial court. Eevised Statutes, 1889, sec. 2246, as amended in Acts of 1891, p. -70; Taylor v. Scherpe, 47…
1Opinion of the CourtSmith, P. J.
— This was an action on a promissory note. Defendant, L. M. Davis, by his separate answer, pleaded payment, and the other defendant, E. J. Davis, for his defense pleaded infancy. There was a trial by jury resulting in a verdict for plaintiff.
The defendants filed a motion for a new trial upon the grounds: First, newly discovered evidence; second, verdict was against the evidence; third, verdict was against the instructions. Upon this motion the court made the following order: “Now come the parties by their attorneys, and defendants’ motion for a new trial of this cause being taken up and fully…
2Cases cited25 opinions
- Von Hoffman v. City of QuincySupreme Court of the United States · 1867
- State v. BrooksSupreme Court of Missouri · 1887
- State ex rel. Police Commissioners v. County CourtSupreme Court of Missouri · 1864
- State v. MusickSupreme Court of Missouri · 1890
- McCabe v. LewisSupreme Court of Missouri · 1882
20 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- E. O. Stanard Milling Co. v. White Line Central Transit Co.Supreme Court of Missouri · 1894
- Hewitt v. SteeleSupreme Court of Missouri · 1893
- King Smith v. Kansas City Life Insurance Co.Supreme Court of Missouri · 1942
- Rochester v. Seattle, Renton & Southern Railway Co.Washington Supreme Court · 1913
- Wright v. SwayneTexas Supreme Court · 1911
15 more not listed; retrieve them via the Exa API.