Gibson v. Ducker
Missouri Court of Appeals
Appeal from Butler Circuit Court. — Hon. Jesse G. ' Sheppard, Judge. (1) The trial court haying sustained the motion for a new trial on a particular ground assigned in the motion, necessarily overruled the motion as to the other grounds therein contained.
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Appeal from Butler Circuit Court. — Hon. Jesse G. ' Sheppard, Judge. (1) The trial court haying sustained the motion for a new trial on a particular ground assigned in the motion, necessarily overruled the motion as to the other grounds therein contained. Thielle v. Bailroad, 140 Mo. 335; Bradley v. Beppell, 133 Mo. 560. (2) The motion for a new trial was sustained, so far as the specifications in th,e order of the court shows, on the ground that the instruction in the nature of a demurrer to the evidence ought to have been sustained; which is equivalent to saying that there was no evidence…
1Opinion of the Court
OPINION.
FARRINGTON, J.
(after stating tbe facts).— Tbe appellate court will not set aside an order granting a new trial because tbe trial court gave an erroneous reason for granting it, provided a correct reason is pointed out by tbe party seeking a new trial which appears from tbe record to be a good and sufficient reason for sustaining tbe motion. It is also true that if the trial court grants a new trial on tbe ground that tbe verdict is against tbe weight of tbe evidence, that being a function peculiar to tbe trial court, tbe appellate court will not interfere with the order, unless tbe…
2Cases cited9 opinions
- Garretzen v. DuenckelSupreme Court of Missouri · 1872
- Crawford v. Kansas City Stock Yards Co.Supreme Court of Missouri · 1908
- Foley v. HarrisonSupreme Court of Missouri · 1911
- Barree v. City of Cape GirardeauSupreme Court of Missouri · 1906
- Hall v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1909
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3Cited by4 opinions
- King Smith v. Kansas City Life Insurance Co.Supreme Court of Missouri · 1942
- Davis v. Chicago Rock Island & Pacific Railway Co.Missouri Court of Appeals · 1915
- Jiner v. JinerMissouri Court of Appeals · 1914
- Allen v. Edward Light Co.Missouri Court of Appeals · 1921