Waddle v. Commonwealth Insurance
Missouri Court of Appeals
Appeal from Greene County Circuit Court. — How. Guy D. Kirby, Judge. (1) The Statute, R. S. 1909, sec. 2022, makes perjury a distinct ground of new trial. State ex rel. v. Edwards, 11 Mo. App. 154. (2) Perjury is ground for a new trial independently of the question of surprise. Ridge v. Johnson, 129 Mo. App. 541; Byrd v. Vanderburgh, 168 Mo. App. 112; Berryhill v. Tribe of Ben Hur, 151 Mo.
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Appeal from Greene County Circuit Court. — How. Guy D. Kirby, Judge. (1) The Statute, R. S. 1909, sec. 2022, makes perjury a distinct ground of new trial. State ex rel. v. Edwards, 11 Mo. App. 154. (2) Perjury is ground for a new trial independently of the question of surprise. Ridge v. Johnson, 129 Mo. App. 541; Byrd v. Vanderburgh, 168 Mo. App. 112; Berryhill v. Tribe of Ben Hur, 151 Mo. App. 415. (3) It was .pertinent' to the issues of the case to show that plaintiff’s witness, Hawk, had been intimately associated with Walter Kendrick previous to the time of the trial; •that he and…
1Opinion of the Court
ROBERTSON, P. J.-
Plaintiff obtained a judgment on a fire insurance policy on household effects, and defendant has appealed. There have been two trials. The defenses pleaded, so far as necessary to note, are fraudulent representations inducing defendant to issue the policy and that the condition in the policy that the property should be protected only while the building in which it was located was occupied for a residence had be.en violated.
We shall notice only the questions urged in appellant’s brief under the Points and Authorities, as all others are deemed waived. [Ridenour v. Wilcox Mines…
2Cases cited3 opinions
- Dean v. Wabash RailroadSupreme Court of Missouri · 1910
- Ridenour v. Wilcox Mines Co.Missouri Court of Appeals · 1912
- Scott v. St. Joseph Railway, Light, Heat & Power Co.Missouri Court of Appeals · 1913
3Cited by2 opinions
- Western Fire Ins. v. University CityCourt of Appeals for the Eighth Circuit · 1942
- Horn v. Hallmark Cards, Inc.Missouri Court of Appeals · 1984