Legal Opinion

Williams v. Kansas City Southern Railroad

Missouri Court of Appeals

Decided May 29, 1911PublishedCited by 7 opinions

Appeal from Jackson Circuit Court—Son. John G. Park, Judge. (1) The supplemental motion for a new trial and affidavits in support were filed after the expiration of four days after the trial, and. the court was without jurisdiction to grant a new trial thereon, or to allow same to be filed.

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Appeal from Jackson Circuit Court—Son. John G. Park, Judge. (1) The supplemental motion for a new trial and affidavits in support were filed after the expiration of four days after the trial, and. the court was without jurisdiction to grant a new trial thereon, or to allow same to be filed. R. S. 1899, sec. 80; King v. Gilson, 206 Mo. 278; State v. Welsor, 117 Mo. 582; State v. Roy, 53. Mo. 319, State v. Rockett, 87 Mo. 666; State v. Butler, 67 Mo. 63; State v. David, 159 Mo. 531; Allen y. Brown, 5 Mo. 323. (2) The newly discovered evidence was merely cumulative. (3) No diligence was shown by…

1Opinion of the CourtEllison, J.

This is an appeal from the action of the trial court granting a new trial on the ground of newly discovered evidence.

On the 23d day of January, 1908, the plaintiff obtained a verdict against the defendant for personal injuries occasioned by the alleged negligence of the defendant. On the 12th day of February, 1908, defendant offered to file a supplementary motion for a new trial. On the 28th day of March following, the court made an order allowing the motion to be filed; and entered the following judgment: “And now on the 28th day of March, 1908, the court having been fully advised in the *677prem…

2Cases cited9 opinions

  1. Ewart v. PenistonSupreme Court of Missouri · 1911
  2. Mirrielees v. Wabash RailroadSupreme Court of Missouri · 1901
  3. Scott v. SmithSupreme Court of Missouri · 1896
  4. Williams v. Circuit Court of St. Louis countySupreme Court of Missouri · 1838
  5. Richmond's v. Wardlaw & PogueSupreme Court of Missouri · 1865

4 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. Mid-States Equipment Corp. v. HOBART WELDERS S. & S.Missouri Court of Appeals · 1950
  2. Crockett Oil Company v. EffieMissouri Court of Appeals · 1964
  3. Central Liberty Trust Co. v. RoyMissouri Court of Appeals · 1922
  4. Peoples Bank of Holcomb v. BullockMissouri Court of Appeals · 1925
  5. State v. CosterMissouri Court of Appeals · 1913

2 more not listed; retrieve them via the Exa API.

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