Ess v. Griffith
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Hon. E. L. Scarritt, Judge. (1) Appellant is entitled to have the action of the trial court reviewed in granting defendants a new trial and in setting aside the first verdict upon the appeal taken from the final judgment in the case. Laws, 1891, p. 70. The statute is a remedial one; is intended for the correction of defects in the former procedure.
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Appeal from Jackson Circuit Court. — Hon. E. L. Scarritt, Judge. (1) Appellant is entitled to have the action of the trial court reviewed in granting defendants a new trial and in setting aside the first verdict upon the appeal taken from the final judgment in the case. Laws, 1891, p. 70. The statute is a remedial one; is intended for the correction of defects in the former procedure. Sutherland on Statutory Construction, sec. •437. (2) All the defendants are guilty of the conversion of these goods. Griffith sold them to the type foundry, and the type foundry was represented in the matter by…
1Opinion of the Court
Macfarlane, J. —
Plaintiff, as administrator of Charles T. Fowler, sued defendants G-riffith, The Great Western Type Foundry and S. A. Pierce for the conversion of certain printing presses, type, etc., claimed as the property of plaintiff’s intestate. There were three trials. The first resulted in a verdict for defendants and a new trial was granted. The second resulted in a verdict for plaintiff for $3,383. On motion of defendants this verdict was set aside and a new trial granted. To this action of the court plaintiff excepted, and filed a bill of exceptions, but took no appeal. On a third…
2Cases cited9 opinions
- Iron Mountain Bank v. ArmstrongSupreme Court of Missouri · 1887
- Koch v. Branch & CrookesSupreme Court of Missouri · 1869
- Johnson v. HoustonSupreme Court of Missouri · 1871
- Davis v. DavisSupreme Court of Missouri · 1843
- Waverly Timber & Iron Co. v. St. Louis Cooperage Co.Supreme Court of Missouri · 1892
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3Cited by13 opinions
- Aull v. DaySupreme Court of Missouri · 1896
- Missouri-Kansas-Texas R. v. ThomasonCourt of Appeals of Texas · 1926
- Blackwell v. Laird and LairdMissouri Court of Appeals · 1942
- Padgett v. SmithSupreme Court of Missouri · 1907
- Clement v. FergusonSupreme Court of Oklahoma · 1955
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