Reid, Murdock & Co. v. Lloyd & Moorman
Missouri Court of Appeals
Appeal from the Livingston Circuit Court.—Hon. E. J. Beoaddus, Judge. (1) The court can vacate a judgment only as opposed to the weight of the evidence in those cases where the verdict of the jury is so strongly opposed to all reasonable probability as to be manifest result of passion or prejudice. Adler v. Wagner, 47 Mo. App. 25 j Lovel v. Davis, 52 Mo.
Read the full summary
Appeal from the Livingston Circuit Court.—Hon. E. J. Beoaddus, Judge. (1) The court can vacate a judgment only as opposed to the weight of the evidence in those cases where the verdict of the jury is so strongly opposed to all reasonable probability as to be manifest result of passion or prejudice. Adler v. Wagner, 47 Mo. App. 25 j Lovel v. Davis, 52 Mo. App. 349. (2) The case was properly and legally -tried upon proper and legal evidence, and on proper declarations of law, and the verdict is responsive to the evidence and should have been allowed by the court to stand. Thomas v. Freligh, 9…
1Opinion of the CourtGill, J.
—This case has been here before, and will be found reported in 52 Mo. App. 278. An understanding of the nature of the controversy can be had by consulting the opinion then delivered.
At the last trial by jury there was a verdict for the plaintiff; butthe court sustained the defendants’ motion for a new trial, and assigned as its reasons therefor: “Because the verdict of the jury is not supported by the evidence, and because the verdict of the jury is against the law and the evidence.” From this order, granting a new trial, plaintiffs have appealed.
Plaintiffs’ counsel' have fallen into an…
2Cases cited4 opinions
- Ensor v. SmithMissouri Court of Appeals · 1894
- Longdon v. KellyMissouri Court of Appeals · 1892
- Reid, Murdock & Co. v. LloydMissouri Court of Appeals · 1893
- W. T. Hull & Co. v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1895
3Cited by2 opinions
- Hunt v. Ancient Order of PyramidsMissouri Court of Appeals · 1904
- Spaulding v. City of EdinaMissouri Court of Appeals · 1904