Barnes v. Vandergrift

BLAIR, Judge.

We will refer to the parties as plaintiff and defendant, as they were known in the trial court, even though plaintiff is now appellant. The case originated in the Magistrate Court of Lawrence County, Missouri, and was there tried by the Honorable Rex V. McPherson, as attorney for the then defendant. While Mr. McPherson was the trial attorney in the first case, his name does not appear as an attorney in the transcript in the present case.

This Court in 238 S.W.2d 439, affirmed an order of the trial court granting a new trial to defendant. Thereafter, the plaintiff in that case…